| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Ms. Maria J. Troup | Member |
APPLICANT REQUESTS: That his Under Other Than Honorable Conditions (UOTHC) discharge be upgraded.
APPLICANT STATES: "Because the discharge do not have sense of meaning."
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 27 June 1980 and was awarded the military occupational specialty of water treatment and plumbing systems specialist.
He departed Absent Without Leave (AWOL) on 1 July 1981 and was returned to military control on 23 July 1981.
He again departed AWOL on 24 July 1981. While AWOL, he was apprehended by civil authorities for possession of marijuana. He was held in civil confinement until his trial on 9 September 1981. He was found guilty of the offense and sentenced to 90 days of confinement and a fine of $175.00 (both suspended).
The applicant was returned to military control on 10 September 1981 and placed in pre-trial confinement.
While in confinement, the applicant requested discharge in lieu of court-martial for the good of the service. In that request he acknowledged that "I understand that, if my request for discharge is accepted, I may be discharged under other than honorable conditions and furnished an Under Other Than Honorable Discharge Certificate."
His request was approved and the applicant was given an UOTHC discharge on 23 October 1981.
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. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
On 4 May 1983, the Army Discharge Review Board denied the applicant's request to upgrade his discharge.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. Two periods of AWOL, one of which occurring a day after his return to military control from his first period of AWOL, along with a civil conviction for possession of marijuana, is more than sufficient basis in which to issue an UOTHC discharge.
2. The applicant acknowledged that he could receive an UOTHC discharge in his request for discharge.
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
___rvo___ ___aao _ ____mjt__ DENY APPLICATION
| CASE ID | AR2002077234 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030116 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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