| Mr. Carl W. S. Chun | Director | |
| Ms. Carolyn Wade | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: That his under other than honorable conditions (UOTHC) discharge be upgraded to a general, under honorable conditions discharge (GD).
APPLICANT STATES: In effect, that he needs his discharge upgraded in order to receive treatment at a Veterans Administration (VA) hospital for his diabetes and high blood pressure. He provided a copy of his DD Form 214 (Report of Separation From Active Duty) in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 26 July 1977 for a period of 4 years. He enlisted for the Area/Station of Choice Enlistment Option and the Training of Choice Enlistment Option. Following completion of basic combat training (BCT) and advanced individual training (AIT), the applicant was assigned to Redstone Arsenal, Huntsville, Alabama, for further training.
On/about 6 January 1978, the applicant arrived at Redstone Arsenal and was assigned to the 6th Training Company. On 17 April 1978, the applicant departed his unit absent without leave (AWOL) and remained absent until on/about 23 April 1978.
On 24 April 1978, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for the above period of AWOL. His punishment consisted of forfeiture of $100.00 pay per month for 1 month (suspended 90 days) and 14 days’ restriction and extra duty.
On 27 April 1978, the applicant was reassigned on permanent change of station orders to the United States Army Reception Station, Fort Knox, Kentucky, with a reporting date of 5 May 1978. He was scheduled to attend an Armor AIT course.
For unknown reasons on 3 May 1978, the suspension of forfeiture of $100.00 was vacated and the unexecuted portion was executed.
On 16 May 1978, the applicant was relieved of duty at Headquarters and Headquarters Company, United States Army Reception Station and was assigned to the Special Processing Company, Lightning Brigade, Fort Knox with the same reporting date. The applicant did not report as ordered.
On 23 May 1978, the applicant accepted NJP for missing movement of reclassified personnel. His punishment consisted of forfeiture of $81.00 pay per month for 1 month (suspended 90 days). For unknown reasons on 30 May 1978, the suspension of forfeiture of $81.00 was vacated and the unexecuted portion was executed.
On 6 June 1978, the applicant accepted NJP for failing to go at the time prescribed to his appointed place of duty. His punishment consisted of forfeiture of $60.00 pay per month for 1 month.
On 8 June 1978, at Fort Knox, the applicant was awarded military occupational specialty (MOS) 19D, Armor Reconnaissance Specialist.
The applicant departed his unit AWOL on 11 June 1978 and remained absent until 18 June 1978. On 28 June 1978, the applicant accepted NJP for this period of AWOL. His punishment consisted of forfeiture of $150.00 pay per month for 2 months (suspended 90 days) and 45 days’ restriction and extra duty.
On 21 June 1978, the unit commander recommended the applicant be eliminated from service under the provisions of paragraph 14-33b, Army Regulation 635-200 with a UOTHC discharge. The unit commander stated that his reason for recommending the applicant for separation was the applicant’s continued willful acts of misconduct – the applicant had received 4 NJP’s and was pending disciplinary action for his last period of AWOL.
On 8 and 19 June 1978, the applicant was also counseled concerning his civilian community problems (i.e., eviction notice, threats to landlord, and civil disturbances) and his personal problems.
On 2 August 1978, the applicant, after having been advised by counsel, waived all of his rights and did not submit a statement in his own behalf.
On 18 August 1978, the appropriate authority approved the applicant’s separation with a UOTHC discharge. Accordingly, on 23 August 1978, the applicant was discharged from the Army after completing 1 year and 13 days of creditable military service and accruing 15 days of lost time due to AWOL.
Army Regulation 635-200, chapter 14, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness (misconduct). That chapter provided, in pertinent part, that members involved in misconduct, to include incidents of fraudulent enlistment/reenlistment, extended periods of absence without leave, and patterns of misconduct such as frequent incidents of a discreditable nature with civil or military authorities, an established pattern of shirking, and/or an established pattern showing dishonorable failure to pay just debts or to support dependents would be discharged for unfitness (misconduct). A UOTHC discharge was normally considered appropriate.
On 15 September 1983, the Army Discharge Review Board denied the applicant’s request for an upgrade of his 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 frequent acts of misconduct constituted a departure from the standards of conduct expected of soldiers in the Army and adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. These incidents of misconduct clearly diminished the quality of his service below that meriting a general or honorable discharge.
2. 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.
3. The Board does not upgrade discharges for the purpose of enhancing entitlement to VA benefits.
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
__fne___ __mhm___ __kah___ DENY APPLICATION
| CASE ID | AR2002083790 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030916 |
| TYPE OF DISCHARGE | (UOTHC) |
| DATE OF DISCHARGE | 19780823 |
| DISCHARGE AUTHORITY | AR 635-200, Chap 14 |
| DISCHARGE REASON | A51.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.0133 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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