| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Patrick H. McGann, Jr. | Member |
APPLICANT REQUESTS: That his discharge be upgraded to honorable.
APPLICANT STATES: In effect, he was young and foolish and regrets doing the things that led to his discharge. He states that he has one honorable discharge, but cannot do things because of the second discharge.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 1 April 1974 at age 18. On 10 June 1975, court-martial charges were preferred against him for violation of a lawful general regulation by possessing an unregistered firearm in the barracks. The applicant consulted with legal counsel and, on 12 June 1975, requested discharge was under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial.
On 18 July 1975, the general court-martial convening authority (a major general) approved the applicant's request for discharge under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial and directed issuance of an undesirable discharge. He was separated with an undesirable discharge on 1 August 1975. He had 1 year, 3 months, and 11 days of creditable service and 20 days of lost time due to AWOL (being absent without leave).
The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade. The ADRB, after considering his case on 30 July 1976, upgraded his discharge to general, under honorable conditions, and changed the reason for separation.
The applicant reenlisted on 5 May 1980. The enlistment documents are not a part of the record.
The applicant went AWOL on 16 October 1980 and remained absent until 19 September 1981, 333 days.
Although the discharge packet is not of record, the applicant's DD Form 214 shows that he was discharged under the provisions of chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ. In the absence of information to the contrary, the Board is required to presume all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been aware of that prior to requesting discharge.
The discharge authority accepted the request and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
The applicant was discharged on 27 October 1981. He had 6 months and 25 days creditable service with 333 days lost due to AWOL and 33 days of excess leave during this period of service.
The second discharge document does not reflect the applicant’s prior service and with the exception of a few items his available records do not contain information on his second period of service. An attempt to determine if a second record exists or to locate addition documentation on his second period of service has met with negative results.
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 Board notes that the applicant had the characterization of his first period of service upgraded from undesirable to general, under honorable conditions and, although this service cannot be used to determine the characterization of his second period, it does have a significant bearing on the issue at hand.
2. The applicant committed the same violation of the Uniform Code of Military Justice (UCMJ), i.e. going AWOL in both periods of service. Furthermore, he requested and was granted discharge both times under chapter 10 of Army Regulation 635-200, to avoid trial by court-martial.
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 | AR2002082744 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030703 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | Upgrade young and foolish |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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