| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Mr. Mark D. Manning | Member | ||
| Mr. Robert Duecaster | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to a general discharge.
APPLICANT STATES: In effect, that he only had two small incidents of being absent without leave (AWOL) and paid a fine for those offenses. He further states that his commander told him that he would get a general discharge; however, he was given an undesirable discharge. He goes on to state that a review of his records will show this to be unjust.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 16 October 1973 for a period of 3 years, training as a supplyman and assignment to Fort Eustis, Virginia.
On 2 January 1974, nonjudicial punishment (NJP) was imposed against him for failure to go to his place of duty. His punishment consisted of a forfeiture of pay, extra duty and restriction.
He successfully completed his training and was transferred to Fort Eustis on 15 February 1974.
The applicant went AWOL on 13 May 1974 and remained absent until he was returned to military control on 28 May 1974. The record is silent as to any punishment imposed.
On 15 August 1974, NJP was imposed against him for being AWOL from 9 July to 31 July 1974. His punishment consisted of a forfeiture of pay and extra duty.
He again went AWOL from 3 September to 9 September, from 16 September to 29 September and 15 October to 1 December 1974.
The facts and circumstances surrounding his administrative discharge are not present in the available records. However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant, which shows that he was discharged under other than honorable conditions on 24 January 1975, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 11 months and 19 days of total active service and had 110 days of lost time due to AWOL.
There is no evidence in the available records to show that he ever applied to the ADRB for an upgrade of his discharge.
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 voluntary 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 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 was at that time and is still 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. In the absence of evidence to the contrary, it must be presumed that 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 court-martial, 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. 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 his numerous absences during a short period of time.
4. The applicant’s contentions have been considered by the Board. However, they are not sufficiently mitigating to warrant relief when compared to his overall record of undistinguished service.
5. 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.
6. 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
___ra ___ ___tap __ __ao____ DENY APPLICATION
| CASE ID | AR2003083444 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/05/15 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1975/01/24 |
| 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. |
ARMY | BCMR | CY2005 | AR20050015439C070206
The applicant requests that his undesirable discharge be upgraded to a more favorable discharge. On 6 December 1974, After consulting with defense 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. There is no evidence 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...
ARMY | BCMR | CY2002 | 2002072256C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: On 5 April 1974, while attending his advanced individual training (AIT), nonjudicial punishment (NJP) was imposed against him for being absent from his place of duty.
ARMY | BCMR | CY2006 | 20060001197C070205
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable discharge by reason of physical disability. The physician noted that the applicant attempted to convince the medics that he should be discharged because of his back problems. There is no evidence 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 | BCMR | CY2002 | 2002073226C070403
On 30 April 1974, nonjudicial punishment was imposed against the applicant for using provoking words toward a specialist five and for being derelict in the performance of his duties. The facts and circumstances surrounding the applicant’s discharge are not contained in the available records; however, his records show that he was discharged on 22 May 1975 with an undesirable discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. The Board...
ARMY | BCMR | CY2002 | 2002070603C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: 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...
ARMY | BCMR | CY2013 | 20130011859
The applicant requests an upgrade of his undesirable discharge to honorable. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against him or her or of a lesser-included offense which authorizes the imposition of a bad conduct or dishonorable discharge and he or she must indicate he or she has been briefed and understands the consequences of such a request as well as the discharge he or she might receive. When authorized, it is issued...
ARMY | BCMR | CY2002 | 2002083076C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable. 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...
ARMY | BCMR | CY2001 | 2001063170C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to an honorable discharge. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2004 | 20040009653C070208
Kenneth Lapin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence 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. ____ John Slone______________ CHAIRPERSON INDEX |CASE ID |AR20040009653 | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |19740516 | |TYPE OF DISCHARGE |(UD) | |DATE OF...
ARMY | BCMR | CY2001 | 2001063262C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: On 5 September 1975, the applicant’s Report of Separation from Active Duty (DD Form 214) shows that he was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10.