| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Mr. Frank C. Jones, II | Member |
APPLICANT REQUESTS: That his discharge be upgrade to honorable.
APPLICANT STATES: That his discharge should be upgraded to honorable because he wants to rejoin the Army. He relates that he really liked being in the Army but that he could not adjust to being married. He believes that he would succeed if allowed to re-enlist. He has the support of his wife and he is in better physical shape and has learned many valuable skills since his discharge. He is also in better physical condition than he was when he was in the Army. If allowed to reenlist, he believes he would succeed because he is better prepared, more highly motivated and he has the support of his family.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army and entered active duty on 22 November 1988. He completed training as an infantryman, basic airborne training and was advanced to pay grade E-3. He served approximately 1½ years without a discreditable incident of record. On 28 August 1990, while under orders to Germany, the applicant became absent without leave and remained so until 11 December 1995.
When charges were preferred for that offense under the Uniform Code of Military Justice (UCMJ) the applicant consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial. He admitted that he was guilty as charged or of a lesser-included offense for which he could also receive a punitive discharge. He acknowledged that he understood the nature and consequences of his request including that he might receive a discharge under other than honorable conditions and that would be deprived of benefits administered by the Department of Veterans Affairs and that he might also lose other benefits under Federal and state laws. He stated that he could expect to encounter considerable prejudice in civilian life because of the discharge and that there were no provisions for automatic upgrading of any discharge.
The separation authority approved the applicant's request and directed that a discharge under other than honorable conditions be issued. On 28 February 1996 the applicant was separated under the provisions of Army Regulation
635-200 chapter, 10. He had 1 year, 10 months and 28 days of creditable service and 5 years, 3 months lost time.
On 21 February 1997 the Army Discharge Review Board denied the applicant's request to upgrade his discharge.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
2. The applicant's offense far outweighs the mitigation provided by his limited creditable service and his avowed desire to reenter the service.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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
__WTM__ ___LDS _ __FCJ __ DENY APPLICATION
| CASE ID | AR2002075318 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030306 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC |
| DATE OF DISCHARGE | 19960228 |
| DISCHARGE AUTHORITY | AR635-200, chapter 10 |
| DISCHARGE REASON | A70.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003087374C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to either an honorable or general discharge. The applicant advised the agents at the time that he would go AWOL again if he was not discharged.
ARMY | BCMR | CY2001 | 2001058529C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 29 January 1972, the separation authority approved the applicant’s request for discharge and directed issuance of an undesirable discharge. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2013 | 20130009112
The applicant requests an upgrade of his discharge under other than honorable conditions. On 31 August 1990, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of an under other than honorable conditions discharge. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2002 | 2002079459C070215
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge.
ARMY | BCMR | CY2002 | 2002077622C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2003 | 2003090248C070212
On 16 November 1972, while he was still in confinement, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial. He went on to state that he tried to be discharged once before and that his request for discharge was denied. There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that...
ARMY | BCMR | CY1997 | 9709821
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. PURPOSE : To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to...
ARMY | BCMR | CY2002 | 2002083076C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and they must indicate that they have been briefed and understand the...
ARMY | BCMR | CY2003 | 2003084295C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general or honorable discharge.
ARMY | BCMR | CY2004 | 2004100743C070208
The applicant requests that his undesirable discharge be changed to a medical discharge. On 21 July 1975, he went AWOL and remained absent until he was returned to military control at Fort Campbell, Kentucky, on 10 August 1975, where charges were preferred against him for the AWOL offenses. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or...