| 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. |
ARMY | BCMR | CY2002 | 2002077234C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 4 May 1983, the Army Discharge Review Board denied the applicant's request to upgrade his discharge. The applicant acknowledged that he could receive an UOTHC discharge in his request for discharge.
ARMY | BCMR | CY2006 | 20060002708C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's record of service shows he received three Article 15s, one special court-martial, and was AWOL for 52 days during the period under review. Since there is no evidence of record which indicates the actions taken in his case were in error or unjust, there is no basis for granting the applicant's request for an upgrade of his discharge to general under honorable conditions.
ARMY | BCMR | CY2002 | 2002068466C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that he began using heroin while in the military and "was immediately addicted to this drug." On 30 January 2002 the Army Discharge Review Board unanimously denied the applicant's petition to upgrade his discharge.
ARMY | BCMR | CY2002 | 2002072184C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 17 November 1981, his commander notified him that he was considering whether he should impose NJP against the applicant for being disrespectful towards a noncommissioned officer. In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction.
ARMY | BCMR | CY2002 | 2002072054C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
ARMY | BCMR | CY2003 | 03093308C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 19 December 1980 the applicant reenlisted in the Army for 4 years. Special Court-Martial Order Number 138, published by Headquarters, U.S. Army Infantry Center and Fort Benning on 9 September 1982, shows that the applicant was arraigned and charged with eight specifications of misconduct, e.g., AWOL,...
ARMY | BCMR | CY2001 | 2001058047C070420
APPLICANT REQUESTS: That his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge; that his DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected in Block 6 (Place of Entry into Active Duty) to show Fort Knox, Kentucky, and in Block 18 (Remarks) that he had 56 days of excess leave, not 95 days. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation...
ARMY | BCMR | CY2001 | 2001056343C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001056343SUFFIXRECONDATE BOARDED20010830TYPE OF DISCHARGE(UOTHC)DATE OF DISCHARGE19820311DISCHARGE AUTHORITYAR635-200, CHAPTER 10 DISCHARGE REASONA70.00BOARD DECISION(DENY)REVIEW AUTHORITYISSUES 1.144.70002.3.4.5.6.
ARMY | BCMR | CY2003 | 2003087433C070212
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not presented and...
ARMY | BCMR | CY2012 | 20120003560
The applicant requests, in effect, that his discharge be upgraded to a general or honorable discharge (HD). However, his record contains a duly-constituted DD Form 214 that shows he discharged on 14 January 1982 under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) in lieu of a court-martial with a character of service of under other than honorable conditions (UOTHC). Army Regulation 635-200, paragraph 3-7a, states an honorable discharge is a separation with...