| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | ||
| Mr. Thomas Lanyi | Member | ||
| Mr. Bernard P. Ingold | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to honorable.
APPLICANT STATES: In effect, that he desires to have his discharge upgraded because he is not a bad person.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 25 July 1979 for a period of 3 years, training as an infantryman, assignment to Hawaii and a cash enlistment bonus. He successfully completed his training at Fort Benning, Georgia, and was transferred to Hawaii on 2 December 1979, where his enlistment bonus was paid.
On 4 February 1980, he went absent without leave (AWOL) and remained absent until he was apprehended by civil authorities in West Virginia and was returned to military control at Fort Knox, Kentucky, on 16 June 1980. Charges were preferred against him for the AWOL offense on 9 July 1980.
The applicant underwent a mental status evaluation and was deemed to be mentally responsible, able to distinguish right from wrong and to adhere to the right.
After consulting with counsel, the applicant submitted a request for discharge for the good of the service, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. In his request he indicated that he was making the request of his own free will, without coercion from anyone and that he was aware of the implications attached to his request. He also admitted that he was guilty of the charges against him or of lesser included offenses which authorized the imposition of a bad conduct or dishonorable discharge. He acknowledged that he understood that he could receive a discharge under other than honorable conditions and that he might be deprived of all benefits as a result of such a discharge. He also elected to submit a statement in his own behalf whereas he asserted that his parents were sick, that he was engaged to get married the following month, that his girlfriend was 6 months pregnant, that his girlfriend's mother had just died, that he had two paternity suits pending against him, that he hated the Army, that he would go AWOL again the first chance he got and if caught, he would commit suicide.
The appropriate authority approved his request on 8 August 1980 and directed that he be discharged under other than honorable conditions.
Accordingly, he was discharged under other than honorable conditions on 10 September 1980, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. He had served 9 months and 4 days of total active service and had 133 days of lost time due to AWOL.
There is no indication in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of the 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 charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and they must indicate that they have been briefed and understand the consequences of such a request as well as the discharge they might receive. 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. 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 courtmartial, was administratively correct and in conformance with applicable regulations.
2. Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.
3. After being afforded the opportunity to assert his innocence before a trial by court-martial, he voluntarily requested a discharge for the good of the service in hopes of avoiding a punitive discharge and having a felony conviction on his records. In doing so he admitted guilt to the charges against him. While he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date, especially considering the length of his absence as well as his otherwise undistinguished record of service during such a short period of time.
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
__js_____ ___bpi __ ___tl____ DENY APPLICATION
| CASE ID | AR2002081273 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/04/29 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 1980/09/10 |
| DISCHARGE AUTHORITY | AR635-200/CH10 |
| DISCHARGE REASON | GD OF SVC |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 689 | 144.7000/A70.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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