| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Stanley Kelley | Member | |
| Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: That his discharge be upgraded.
APPLICANT STATES: In effect, the Army did not meet his expectations and that conditions at Fort Benning were not acceptable. He states that his uniform was stolen from his locker and that he was forced to use a sweat soaked uniform for field exercises that day. He reports that he saw blatant racism, including a “blanket party” that resulted in injury to a platoon leader, unsanitary conditions in a bathroom and coercion of another soldier to change his MOS. He says that his discharge does not reflect the dishonorable treatment that he received from the Army. He has encountered employment problems because of the discharge.
EVIDENCE OF RECORD: The applicant's military records show that:
The applicant entered active duty on 15 April 1982. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11C (Indirect Fire Infantryman) at Fort Benning, Georgia.
While enroute to his first duty station, the applicant went AWOL (absent without leave) on 29 November 1982. He surrendered to military control on 24 January 1983.
On 26 January 1983 court-martial charges were preferred for 56 days of AWOL.
After consulting with counsel and being advised of his rights and options, the applicant submitted a formal request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulations 635-200, chapter 10. He acknowledged he had been advised of and understood his rights under the Uniform Code of Military Justice, that he was guilty as charged or guilty of a lesser included offense for which he could also receive a punitive discharge and that, as a result of his request, he could receive an UOTHC discharge which would deprive him of many or all of his benefits as a veteran, that he could expect to experience substantial prejudice in civilian life if he received an UOTHC discharge, and that there is no automatic upgrading or review of a less than honorable discharge.
The discharge authority approved the applicant's request and directed that the applicant be discharged under other than honorable conditions.
The applicant was discharged under other than honorable conditions, on 24 February 1983. He had 8 months and 15 days of creditable service with 56 days of lost time and 29 days of excess leave.
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.
The Uniform Code of Military Justice, Table of Maximum Punishments shows that a punitive discharge is authorized for any AWOL of more than 30 days.
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 applicant has provided no substantiating evidence to support his contentions.
2. 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.
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 | AR2002078452 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030522 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | Upgrade discharge |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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