| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Raymond J. Wagner | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge under honorable conditions.
APPLICANT STATES: That he was immature. He never had any problems with law enforcement officials prior to going into the Army. Since his discharge he has been a good, law-abiding citizen. He provides his discharge packet and Report of Transfer or Discharge, DD Form 214, as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 20 September 1955. He enlisted in the Regular Army on 17 November 1972. He completed basic training.
On 13 March 1973, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for absenting himself from his unit from 3 to on or about 14 March 1973. On 26 April 1973, he accepted NJP under Article 15, UCMJ for absenting himself from his unit from 2 to on or about 13 April 1973. On 17 May 1973, he accepted NJP under Article 15, UCMJ for breaking restriction.
The applicant completed advanced individual training and was awarded military occupational specialty 94B (Cook).
The applicant apparently accepted NJP under Article 15, UCMJ around August 1973 but appealed the punishment. A Record of Appellate or Other Supplementary Actions under Article 15, UCMJ, DA Form 2627-2, dated 6 August 1973 indicates that the proceedings were legally conducted and the appeal was denied.
On 12 October 1973, the applicant completed a separation physical and was found qualified for separation.
On 16 October 1973, court-martial charges were preferred against the applicant charging him with being absent without leave (AWOL) from 17 August to on or about 9 October 1973.
On 15 October 1973, 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 an undesirable discharge 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.
On 31 October 1973, the appropriate authority approved the request and directed the applicant be furnished an Undesirable Discharge Certificate.
On 6 November 1973, the applicant was discharged with an undesirable discharge, 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 8 months and 17 days of creditable active service and had 93 days of lost time.
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. An undesirable discharge was normally considered appropriate.
On 21 July 1989, the Army Discharge Review Board (ADRB) 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:
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 or duress.
3. The Board notes the applicant's age at the time he enlisted; however, his contention that he was immature is not sufficiently mitigating to warrant relief. The Board notes that he was able to successfully complete basic training and so knew the Army's standards of military conduct. While the Board has taken cognizance of his age and his prior and subsequent good service, none of these factors, either individually or in sum, warrant the relief requested.
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
__RJW__ __RWA__ __JTM__ DENY APPLICATION
| CASE ID | AR2002075794 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/10/10 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1973/11/06 |
| 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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