| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Patrick H. McGann, Jr. | Member |
APPLICANT REQUESTS: In effect, that his discharge be upgraded.
APPLICANT STATES: In effect, he needs an upgrade to under honorable conditions in order to receive Department of Veterans Affairs (VA) medical benefits and to go back to school.
EVIDENCE OF RECORD: The applicant's military records show that:
The applicant entered active duty on 4 October 1966 and completed basic combat training and advanced individual training without incident.
On 1 March 1967, the applicant received nonjudicial punishment, under Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave (AWOL) for 4 days.
He received three special court-martial convictions for being AWOL, on 24 October 1967, on 24 January 1968, and on 5 July 1968.
The applicant went AWOL again on December 1968 and remained absent until 5 November 1970.
On 9 November 1970, the applicant’s command commenced actions to discharge him due to unfitness under Army Regulation 635-212.
On 13 November, after consulting with military counsel, the applicant acknowledged this action and waived his rights to have his case considered by a board of officers, to personally appear before a board of officers, and to submit a statement on his own behalf. He acknowledged that if he received an undesirable discharge (under other than honorable conditions) that he would be ineligible for many or all benefits as a veteran.
The discharge authority approved the request and directed that the applicant be discharged and given an undesirable discharge.
The applicant was discharged on 11 December 1970, with a characterization of service of under other than honorable conditions. He is shown to have 10 months and 14 days of creditable time with 1202 days lost due to being AWOL (920 days) or in military confinement (232 days).
The applicant applied to the Army Discharge Review Board and was dened any relief on 13 March 1981.
Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel. Paragraph 6 of the regulation provided, in pertinent part, that an individual was subject to separation for unfitness because of frequent incidents of a discreditable nature with civil or military authorities. When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.
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. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
2. Entitlement to VA benefits is not within the preview of this Board nor is it normally considered a basis for granting relief.
3. 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.
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.
| CASE ID | AR2002077853 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030403 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. Since the applicant has not submitted any specific matters which the Board could consider in determining whether his discharge should be upgraded based on equity , there is no basis for granting his request.
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