| Mr. Carl W. S. Chun | Director | |
| Mrs. Judy Blanchard-Miller | Analyst |
| Ms. Melinda M. Darby | Chairperson | ||
| Mr. Roger Able | Member | ||
| Mr. Curtis L. Greenway | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to an honorable discharge.
APPLICANT STATES: In effect, that he believes that at the time of his discharge following his tour in Vietnam, he was suffering from Post Traumatic Stress Disorder (PTSD). The applicant submits a letter to the Board in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
On 13 March 1969, the applicant reenlisted in the Regular Army for 3 years with 8 months and 1 day of prior active service. He completed the required training and was awarded military occupational specialty 67N10 (Helicopter Repairman). The highest grade he achieved was pay grade E-3. The applicant voluntarily requested a 12- month tour in Vietnam. On 8 April 1970, the applicant was assigned to a unit in Vietnam. The applicant's conduct and efficiency while assigned to Vietnam was rated as unsatisfactory.
Between 29 September 1970 and 8 September 1971, the applicant accepted six nonjudicial punishments under Article 15, Uniform Code of Military Justice, for failure to repair, for three occasions of being absent without leave (AWOL) from 23 to 31 May 1971, from 16 to 30 August 1971 and from 3 to 7 September 1971 and for three occasions of disobeying a lawful order. His punishment included forfeitures, restrictions, extra duty and a reduction to pay grade E-1.
The applicant's record indicates that on 15 September 1971 court-martial charges were preferred against the applicant. However, the court-martial charge sheet, which contains facts and circumstances pertaining to the charges, are missing from his file.
On 27 September 1971, after consulting with legal counsel the applicant voluntarily without any coercion requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. The applicant acknowledged, that he understood the elements of the offense charged. The applicant waived further rehabilitation and was advised of the effects of a discharge under other than honorable conditions. He acknowledged that he understood, that he might be deprived of many or all Army and Veterans Administration benefits. He was afforded the opportunity to submit statements in his behalf, but decline to do so.
On the same day, the company commander, recommended approval of the applicant’s request for discharge under the provisions of Army Regulation 635-200, chapter 10. The commander’s decision was based on the applicant’s reluctance to adjust to military service.
On 8 October 1971, a physical examination found the applicant fit for retention.
On 22 October 1971, the Commanding General approved the applicant’s request for discharge and directed the issuance of an Undesirable Discharge Certificate. On 1 November 1971, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a UD. He had completed 2 years, 6 months and 27 days of creditable active military service.
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. 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. There is no indication that the request was made under coercion, duress or that his rights were violated in any way.
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
__MMD__ __ RA__ _ _CLG_ _ DENY APPLICATION
| CASE ID | AR2002075662 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/08/20 |
| TYPE OF DISCHARGE | (UD,) |
| DATE OF DISCHARGE | 1971/11/01 |
| DISCHARGE AUTHORITY | AR635-200, chapter 10 . . . . . |
| DISCHARGE REASON | A70.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1.144.7000 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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