| 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: In effect, that his undesirable discharge be upgraded.
APPLICANT STATES: That he had written the Pentagon asking for a grant to get back to the States because his mother was ill and they wrote back stating he had the grant. He had an uncle who was stationed at Fort Sam Houston, TX so he tried to get stationed there but they had no vacancies. Then he tried at Fort Hood, TX but they told him he had to return to Germany to have his paperwork transferred there. He had run out of money and time, so he went to the payroll officer to get a Transportation Request (TR) so he could get back to New York (and then to Germany). The first sergeant told him to call the Red Cross and get a 5-day extension of his leave. The Red Cross told him over the phone his extension was approved; however, since they did not give him any paperwork the first sergeant said he could not give him a TR. The first sergeant then told him he was absent without leave (AWOL) and told him to speak with the military police. The military police told him they had no record of his being AWOL and there was nothing they could do. So he went back home to Fort Worth, TX and got a job to support his pregnant wife. He turned himself in once he made enough money to get back and support his wife. He provides his Report of Separation from Active Duty, DD Form 214, and two character witness statements as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 22 February 1974. He completed basic training and advanced individual training and was awarded military occupational specialty 51B (Carpenter).
The applicant was granted leave in the States from 9 November through 8 December 1974. He was granted a 5-day extension on his leave for the period 8 December through 12 December 1974. The 16 December 1974 commander's inquiry into his AWOL did not mention if the extension was granted at the applicant's personal request or through the Red Cross.
On 16 December 1974, the applicant's commander wrote to the applicant's sister informing her the applicant was AWOL and in serious trouble. Her help in contacting the applicant and encouraging him to turn himself in to the nearest military authorities was requested.
On 19 October 1975, the applicant surrendered to military authorities.
On 21 October 1975, the applicant completed a separation physical and was found qualified for separation.
On 22 October 1975, court-martial charges were preferred against the applicant charging him with being absent without leave (AWOL) from 13 December 1974 to on or about 19 October 1975.
On 23 October 1975, 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 submitted a statement in his own behalf. His statement related basically the same details he relates with this application.
On 3 November 1975, the appropriate authority approved the request and directed the applicant be issued an Undesirable Discharge Certificate.
On 26 November 1975, 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 10 months and 29 days of creditable active service and had 310 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 23 July 1980, 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 contentions; however, there is no evidence other than his own statements that events occurred as he contends. The Board also notes that his commander contacted his sister in December 1974 after he was reported AWOL. The applicant provides no explanation as to why he did not contact his unit of assignment in Germany for assistance and guidance.
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 | AR2002075966 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/10/10 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1975/11/26 |
| 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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