| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Ms. Yalonda Maldonado | Member |
APPLICANT REQUESTS: That his records be corrected by upgrading his discharge.
APPLICANT STATES: In effect, that he was harassed, and after numerous complaints through his chain of command went unanswered he chose to go AWOL (absent without leave), and that after approximately 6 months of being AWOL he turned himself. At the time of his discharge he was offered the option to remain in the Army, but had lost faith in the Army’s handling of his case and opted to be released, and was told that he would be able to have his discharge upgraded. The applicant submits no evidence in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 25 June 1979, for a period of
3 years.
On 1 April 1980 he went AWOL, and remained so until he surrendered to military authorities at Fort Hood, Texas, on 1 October 1980.
On 14 October 1980, the applicant voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He acknowledged that he was guilty of the charges against him, waived representation by counsel, and elected not to submit statements in his own behalf. He further acknowledged that he had been advised and understood the possible effects of receiving an other than honorable discharge.
On 4 November 1980, the applicant was reduced to the pay grade of E-1, with an effective date of 31 October 1980.
All of the facts and circumstances surrounding the administrative discharge procedures are not in the available records, however, on 12 November 1980, he was discharged for the good of the service, under other than honorable conditions. His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had 10 months and 14 days of active service and 138 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. A discharge under other than honorable conditions is normally considered appropriate.
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. There is no evidence in the available records to demonstrate that the applicant was the victim of harassment.
2. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.
3. 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.
4. 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 that requirement.
5. 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
__WTM _ __CJP___ __YM ___ DENY APPLICATION
| CASE ID | AR2002077904 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030130 |
| 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. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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