| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Ms. JoAnn H. Langston | Chairperson | ||
| Ms. Melinda M. Darby | Member | ||
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded to honorable. He states he was told his discharge could be changed to honorable 6 months after he was discharged. He was having family problems with his wife and could not focus on what he was doing. He had a breakdown because his wife was living with another man and put him through a lot of things and he had to go into a mental hospital. He is now paralyzed and in a wheelchair for life. He would like to be able to get medical benefits. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 9 February 1977. He completed basic training.
On 11 August 1977, court-martial charges were preferred against the applicant charging him with being absent without leave (AWOL) from 4 March to on or about 11 August 1977.
On 11 August 1977, the applicant completed a separation physical examination and was found qualified for separation.
On 11 August 1977, the applicant underwent a mental status evaluation. He was found to be mentally responsible, to be able to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in board proceedings.
On 12 August 1977, after consulting with legal counsel, the applicant voluntarily 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 was advised of the effects of a discharge UOTHC and that he might be deprived of many or all Army and Veterans Administration benefits. He elected not to submit a statement in his own behalf but he apparently indicated to someone that he departed AWOL due to personal problems.
On 22 August 1977, the appropriate authority approved the applicant's request and directed he receive a discharge UOTHC.
On 29 August 1977, the applicant was discharged with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10,
discharge in lieu of trial by court-martial. He had completed 1 month and 21 days of creditable active service and had 168 days of lost time (150 days of AWOL and 18 days of excess leave).
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. A discharge UOTHC is normally considered appropriate.
The U. S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant requests a change in discharge. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.
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. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicant’s administrative separation was accomplished in compliance with applicable regulations. There is no evidence to show he had a nervous breakdown and was hospitalized for a mental condition. The Board is sympathetic to his current medical problems; however, considering the length of his AWOL the characterization of his discharge as UOTHC was and still is appropriate.
3. 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
__JHL__ __MMD__ ___REB__ DENY APPLICATION
| CASE ID | AR2002075694 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/09/19 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 1977/08/29 |
| DISCHARGE AUTHORITY | AR 635-200, ch 10 |
| DISCHARGE REASON | A70.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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