| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Margaret V. Thompson | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by upgrading his undesirable discharge (UD) to that of a general discharge under honorable conditions.
APPLICANT STATES: In effect, that he is providing an administrative decision, dated 18 September 1974, that he recently received from the Department of Veterans Affairs (DVA). The decision was not submitted to this Board during the previous review because he did not know that it existed. He had not been concerned about his UD because he is authorized to receive full veterans benefits. He has used his educational benefits to obtain both a bachelor's degree and a commercial pilot license. He has also used the home loan guarantee program to purchase two homes. His situation involved a number of extenuating circumstances and he requested separation because his lawyer led him to believe he would receive a discharge under honorable conditions. The DVA determined his service was under honorable conditions.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records that were summarized in a memorandum prepared to reflect the Board's previous consideration of the applicant's case (AC77-04655) on 30 November 1977. The administrative decision the DVA issued to the applicant in September 1977 may or may not have been considered by the previous Board. The previous Board did not discuss the DVA's decision and it was not in the applicant's Official Military Personnel File. Therefore, the applicant’s submission and contentions may constitute a new argument that requires the Board's consideration.
The DVA's administrative decision was made 2 months prior to this Board's decision in 1974. The DVA determined the applicant failed to report to duty on three separate occasions in May 1974 and that two smoking pipes containing residue of a small amount of marijuana were found during an inventory of his things when he was suspected of being in an AWOL status on 5 May 1974. The DVA also determined the offenses occurred over a 4-day period; that the offenses were minor and did not constitute willful and persistent misconduct; and that his service was otherwise honest, faithful and meritorious, and was therefore considered to be under honorable conditions.
On 30 November 1977, this Board determined that in addition to the above offenses, on 19 April 1974, the applicant was charged with being disrespectful in language towards a noncommissioned officer (NCO) on 27 March 1974 and for being disrespectful in language and communicating a threat to kill the same NCO on 1 April 1974. Charges were preferred against the applicant and he requested discharge for the good of the service to avoid trial by court-martial. This Board
also determined that on 4 February 1975, as a result of a personal appearance, the Army Discharge Review Board (ADRB) denied his request for an upgrade of his discharge. During the ADRB review, the applicant admitted to marijuana use and that he wanted out of the military even if he had to screw up to get thrown out.
Army Regulation 15-185 sets forth the policy and procedures for the Army Board for Correction of Military Records. It provides that if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
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. 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.
2. The fact that the DVA, in its discretion, has determined that the applicant's service was under honorable conditions and awarded him full veterans benefits is a determination exercised within the policies of that agency. It does not, in itself, establish a basis for an upgrade under Department of the Army policies.
3. This Board concluded that the applicant's communication of a threat to kill an NCO was a serious offense. The overall merits of this case, including the latest submission and argument, are insufficient as a basis for the Board to reverse its previous decision.
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___ __mhm___ __mvt___ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2002083164 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030930 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19740708 |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | A60.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.6000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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