| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Ms. Barbara J. Lutz | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded.
APPLICANT STATES: His UOTHC discharge has haunted him. He really doesn’t remember what he did to warrant an UOTHC discharge. He does know he wasn’t court-martialed for any offense.
In support of his request the applicant submits letters attesting to his work ethic, and certificates showing that he has completed some training classes.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 22 August 1978 and was awarded the military occupational specialty of cannon crewman.
The applicant accepted nonjudicial punishment (NJP) on five occasions between 8 June 1979 and 6 March 1981, for leaving his guard post, for assaulting a superior noncommissioned officer, for assaulting a fellow enlisted soldier, for failure to go at the time prescribed to his appointed place of duty, and for disobeying a lawful command.
On 2 April 1981, court-martial charges were preferred against the applicant for disobeying a lawful order, for being disrespectful in language to a senior noncommissioned officer, for being drunk in his quarters, and for breaking restriction.
On 29 April 1981, the applicant requested discharge in lieu of trial by court-martial for the good of the service. In that request the applicant acknowledged that he may be discharged UOTHC, that an UOTHC discharge could effect his veterans benefits, that he could expect to encounter substantial prejudice in civilian life because of an UOTHC discharge, and that there is no automatic upgrading nor review by any government agency of a less than honorable discharge.
His request was approved by the appropriate authority and the applicant was issued an UOTHC Discharge Certificate on 15 May 1981.
There is no evidence that the applicant ever applied to the Army Discharge Review Board to upgrade his discharge, and the time to file an application with that Board has now expired.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant’s repeated misconduct warranted an UOTHC discharge.
2. There is no evidence, nor does the applicant suggest, that there was any error or injustice in his discharge.
3. As such, the applicant's request is predicated upon his post service accomplishments. In this regard, while the Board finds it commendable that the applicant is now a diligent worker and has taken training courses to better himself, these in of themselves do not warrant upgrading a properly issued UOTHC discharge.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__kak ___ ___tap __ ____bjl__ DENY APPLICATION
| CASE ID | AR2002074424 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | YYYYMMDD |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (NC, GRANT , DENY, GRANT PLUS) |
| REVIEW AUTHORITY | |
| ISSUES 1. | A76.00 |
| 2. | A92.21 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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