| Mr. Carl W. S. Chun | Director | |
| Mrs. Judy Blanchard-Miller | Analyst |
| Mr. Irene N. Wheelwright | Chairperson | ||
| Mr. Arthur A. Omartian | Member | ||
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to a general discharge under honorable conditions.
APPLICANT STATES: In effect, that he was suffering from Post Traumatic Stress Disorder (PTSD) during his enlistment in the Army. He further states, that he is receiving treatment for his condition and is requesting an upgrade of his discharge based on the attached medical evidence. The applicant submits in support of his application a letter from the Department of Veterans Affairs.
EVIDENCE OF RECORD: The applicant's military records show:
On 18 December 1968, the applicant enlisted in the Regular Army for a period of 3 years. He completed the required training and was awarded military occupational specialty 67N10 (Helicopter Repairman). The highest grade he achieved was pay grade E-4.
Between May 1969 and June 1970, while assigned to a unit in Vietnam, the applicant accepted four nonjudicial punishments under Article 15, Uniform Code of Military Justice, for assault, by striking another soldier in the face with his fist with the intent to inflict grievous bodily harm, for being disrespectful to his superior noncommissioned officer, for missing curfew and for leaving his appointed place of duty without proper authority. His punishments included forfeitures, restrictions and an oral reprimand.
On 17 December 1970, the applicant was convicted by a special court-martial of six specifications of communicating a threat against a superior commissioned officer and his family by threatening to rape, molest and kill the officer and his entire family, two specifications of striking a superior commissioned officer on his arm and chest with his fist, one specification of being disrespectful to a commissioned officer and one specification of disobeying a lawful order. The applicant was sentenced to confinement at hard labor for 4 months, a forfeiture of $80.00 pay per month for 4 months, a reduction to pay grade E-1 and a bad conduct (BCD) discharge. On 4 February 1971, the sentence was approved and was duly executed, but the execution of that portion thereof adjudging the BCD was suspended for a period of 6 months. On 3 March 1971, the unexecuted portion of the sentence to confinement at hard labor for 4 months was suspended for 6 months. The applicant returned to duty on 4 March 1971.
On 9 April 1971, the applicant was reported for being absent without leave. He was returned to military control on 6 July 1971. However, the particulars surrounding the incident are missing from his files.
The facts and circumstances pertaining to the applicant's discharge are not on file. The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 7 September 1971, under Army Regulation 635-200, chapter 10, for the good of service and was issued a UD.
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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate. However, at the time of the applicant's separation the regulation provided for the issuance of a UD.
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. 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.
2. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.
3. The contention of the applicant has been noted. However, there is no evidence in his available record, which indicate that the applicant was suffering from PTSD during his enlistment in the Army.
4. In view of the applicant's numerous acts of indiscipline, it does not appear that his UD was too severe.
5. Therefore the type of discharge directed and the reasons were appropriate considering all the facts of the case.
6. In view of the foregoing, there is no basis for granting the applicant’s requests.
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
__INW__ __AAO __ _ _TL__ DENY APPLICATION
INDEX
| CASE ID | AR2002075513 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/08/27 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1971/09/07 |
| DISCHARGE AUTHORITY | AR635-200,chapter10 . . . . . |
| DISCHARGE REASON | A70.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1.144.7000 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 2004106231C070208
He had completed 1 year, 4 months and 29 days of total active service. The United States Court of Appeals, observing that applicants to the ADRB are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3-year limit on filing to the Army Board for Correction of Military Records (ABCMR) should commence on the date of final action by the ADRB. There is...
ARMY | BCMR | CY2002 | 2002081152C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Although the record of NJP is not present in the available records, his records contain an order showing that NJP was imposed against him again on 5 January 1971 for misconduct and that he was reduced to the pay grade of E-1 on that date. However, the applicant has failed to convince the Board through the evidence submitted or the evidence of record that his service is...
ARMY | BCMR | CY2001 | 2001060095C070421
The Board considered the following evidence: On 12 November 1980, the Army Discharge Review Board denied the applicant’s request for an upgraded discharge. 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:
ARMY | BCMR | CY2005 | AR20050012649C070206
Randolph Fleming | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. ______William Powers________ CHAIRPERSON INDEX |CASE ID |AR20050012649 | |SUFFIX | | |RECON | | |DATE BOARDED |20060502 | |TYPE OF DISCHARGE |(BCD) | |DATE...
ARMY | BCMR | CY2006 | 20060013114C071029
On about 16 November 1967, the applicant's commander recommended that he appear before a board of officers for the purpose of determining whether he should be discharged before the expiration of his term of service for unfitness. He waived consideration of his case by a board of officers and waived a personal appearance before a board of officers. Evidence of this incident was not found in the applicant's record.
ARMY | BCMR | CY2003 | 2003090536C070212
He pled not guilty to the charge of disrespect toward a second lieutenant, his superior officer; not guilty to striking that same officer in the face with his fist; and guilty to sleeping on guard duty. The review indicated that the applicant was then 21 years old, that he had over 1 year and 5 months of service, a 9th grade education, and that his character of service was excellent. That all of the Department of the Army records related to this case be corrected by correcting his 17 April...
ARMY | BCMR | CY2014 | 20140007186
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. Accordingly, he was discharged in pay grade E-1 on 26 June 1967, under the provisions of Army Regulation 635-204 (Dishonorable and Bad Conduct Discharges), as a result of a court-martial. The evidence of record shows the applicant was...
ARMY | BCMR | CY2006 | 20060000266C070205
On 10 September 1981, the applicant was discharged by reason of patterns of misconduct after completing 2 years, 5 months, and 16 days of active military service. On 6 June 1984, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185,...
ARMY | BCMR | CY2009 | 20090002256
The applicant's military personnel records show he was initially inducted into the Army of the United States and entered active duty on 8 November 1966. Although the separation authority may authorize a general, under honorable conditions discharge (GD) or HD, if warranted by the members record of service, an under other than honorable conditions (UOTHC) discharge is normally considered appropriate for members separated under these provisions. The applicant has failed to submit evidence...
ARMY | BCMR | CY2011 | 20110023339
On 20 March 1970, nonjudicial punishment (NJP) was imposed against the applicant for being absent without leave (AWOL) from 14 March 1970 to 16 March 1970. He was transferred to the United States on 20 July 1971 and discharged with under other than honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) as a result of conviction by a special court-martial. Therefore, the applicant's record of service is insufficiently meritorious to...