| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Ms. Margaret V. Thompson | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to an honorable or a general discharge.
APPLICANT STATES: That he was illegally court-martialed by the Army. In support of his appeal, he submits a copy of a discharge certificate showing that he was honorably discharged from the Army National Guard on 1 July 1992.
EVIDENCE OF RECORD: The applicant's military records show:
On 25 May 1971, he enlisted in the Army in Buffalo, New York, for 3 years in the pay grade of E-1. He successfully completed his training as a wireman. On 10 December 1971, he was transferred to Fort Ord, California.
On 12 April 1972, the applicant was transferred to Fort Carson, Colorado.
Nonjudicial punishment (NJP) was imposed against the applicant on 8 May 1972, for disobeying a lawful order. His punishment consisted of a forfeiture of pay in the amount of $50.00 and 7 days extra duty.
On 14 June 1972, NJP was imposed against the applicant for failure to go to his appointed place of duty. His punishment consisted of a forfeiture of pay in the amount of $50.00.
The applicant went absent without leave (AWOL) on 22 August 1972 and he remained absent until he returned to military control on 22 April 1973.
On 4 May 1973, the applicant was notified that charges were pending against him for being AWOL. He acknowledged receipt of the notification and, after consulting with counsel he waived his rights and he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. Along with his request for discharge he submitted a statement in his own behalf stating that he did not like that Army because it forced him to do things that he did not want to do and that he had no rehabilitation potential.
The appropriate authority approved the request for discharge on 21 May 1973. Accordingly, on 12 June 1973, the applicant was discharged under the provision of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. He had completed 1 year, 4 months and 17 days of total active service and he had approximately 244 days of lost time due to AWOL. He was furnished an Undesirable Discharge Certificate.
On 18 March 1982, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
On 29 March 1991, the applicant was granted a waiver of his RE code disqualification for the purpose of enlisting in the New Hampshire Army National Guard (NHARNG). Accordingly, on 9 April 1991, he enlisted in the NHARNG for 4 years in the pay grade of E-1.
He was honorably discharged from the NHARNG on 1 July 1992, and he was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). He was honorably discharged from the USAR on 22 April 1997.
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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable 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. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.
2. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
3. The Board has noted the applicant’s contentions and has considered his honorable discharge from the Army National Guard and the USAR. However, there is no evidence that shows that he was ever tried by court-martial while he was in the Army. The evidence of record clearly shows that he had no desire to remain in the Army and he wanted to get out. He had NJP imposed against him twice and he was AWOL for approximately 244 days. The type of discharge that he received appropriately reflects his record of service while he was on active duty.
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 this 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
___jlp___ __mvt___ __ao ____ DENY APPLICATION
| CASE ID | AR2002078156 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/03/18 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19730612 |
| DISCHARGE AUTHORITY | AR 365-200 |
| DISCHARGE REASON | 689 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 689 | 144.7000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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