| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Mr. Lawrence Foster | Member |
APPLICANT REQUESTS: In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded.
EVIDENCE OF RECORD: The applicant's military records show:
On 17 July 1979, he entered active duty in the Regular Army for 3 years. He successfully completed training and was awarded military occupational specialty (MOS) 91B (Medical Specialist). His record documents no acts or valor, significant achievement, or service warranting special recognition, and it confirms that the highest rank he attained while serving on active duty was private first class/E-3 (PFC/E-3).
The applicant’s disciplinary history includes his acceptance of nonjudicial punishment (NJP) on the following two occasions for the offenses indicated:
30 November 1980, for failing to report to his unit within 2 hours after an alert notification; and 15 February 1981, for being absent without leave (AWOL) from on or about 2 to on or about 18 February 1981.
On 13 April 1981, the applicant departed AWOL, and remained away for
320 days until returning to military control on 26 February 1982. On 2 March 1982, he was charged with a violation of Article 86 of the Uniform Code of Military Justice (UCMJ) for this period of AWOL.
On 3 March 1982, the applicant consulted with legal counsel, and after being advised of the basis for the contemplated trial by court-martial, its effects, and the possible effects of receiving an UOTHC discharge, he voluntarily requested an administrative discharge under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, in lieu of trial by court-martial.
On 24 March 1982, the appropriate authority approved the applicant’s request for discharge. The separation authority also directed that the applicant receive an UOTHC discharge, and that he be reduced to the lowest enlisted grade. On
9 September 1982, the applicant was discharged accordingly. The separation document issued to the applicant upon his discharge confirms that he was separated under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, in lieu of trial by court-martial after completing a total of
1 year, 9 months, and 22 days of creditable active military service, and having accrued 337 days of time lost due to AWOL.
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statue of limitations.
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 UOTHC is normally considered appropriate for members separating under these provisions.
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 evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The Board notes that, after consulting with defense counsel, he voluntarily requested separation from the Army in lieu of trial by court-martial. In doing so, he admitted guilt to the stipulated offense under the UCMJ.
2. The Board is satisfied that all requirements of law and regulation were met, the rights of the applicant were fully protected throughout the separation process, and that the discharge accurately reflects his overall record of 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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__RJW__ __WDP _ __LMB___ DENY APPLICATION
| CASE ID | AR2002079969 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/02/25 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19820909 |
| DISCHARGE AUTHORITY | AR 635-200. . . . . |
| DISCHARGE REASON | In Lieu of Trail by CM |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.7100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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