| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Mr. Hubert O. Fry | Member | ||
| Ms. Marla J. Troup | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to an honorable discharge.
APPLICANT STATES: That his discharge should be upgraded because he should never have been drafted.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted in Nashville, Tennessee, on 28 July 1969, and was transferred to Fort Campbell, Kentucky, to undergo basic combat training (BCT).
Nonjudicial punishment (NJP) was imposed against the applicant on 16 September 1969, for failure to go to his appointed place of duty. His punishment consisted of a forfeiture of pay, restriction and extra duty.
On 19 November 1970, while still in BCT, charges were preferred against the applicant for being absent without leave (AWOL) from 6 December 1969 until 11 December 1969 and from 16 December 1969 until 21 October 1970.
After consulting with counsel, 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.
The appropriate authority approved the request for discharge on 7 January 1971. Accordingly, on 18 January 1971, the applicant was discharged 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 completed 7 months and 13 days of total active service and he had 314 days of lost time due to AWOL. He was furnished an Undesirable Discharge Certificate.
On 28 September 1977, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
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. However, contention that his discharge should be upgraded because he should not have been drafted is not sufficiently mitigating to warrant the relief requested. He had NJP imposed against him and he had 314 days of lost time due to AWOL. The character of his discharge is commensurate with his overall record of service.
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
___fe ___ __hof___ ___mt ___ DENY APPLICATION
| CASE ID | AR2002082964 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/06/17 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19710118 |
| DISCHARGE AUTHORITY | AR 635-200, ch 10 |
| DISCHARGE REASON | 689 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 708 | 144.7100 |
| 2. 713 | 144.7110 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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