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ARMY | BCMR | CY2003 | 2003084927C070212
Original file (2003084927C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2003084927

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. William D. Powers Member
Ms. Lana E. McGlynn Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         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:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge under honorable conditions.

APPLICANT STATES: In effect, that family problems and his mental instability led to his using bad judgment and to his misconduct. He provides no supporting evidence.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the Regular Army on 28 June 1971. He completed basic training and advanced individual training and was awarded military occupational specialty 52B (Power Generator Operator/Mechanic).

On 17 January 1972, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice for disobeying a lawful order to relieve the gate guard for dinner.

On 11 May 1972, the applicant accepted NJP under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) from 8 May to on or about 10 May 1972.

The applicant's DA Form 20 (Enlisted Qualification Record) shows he was AWOL from 18 July through 13 August 1972, 23 through 27 August 1972, 13 September through 8 October 1972, 17 through 18 October 1972, and 25 October through 10 November 1972.

The applicant completed a separation physical on 20 November 1972 and was found qualified for separation.

The court-martial charges and the discharge proceedings packet are not available.

On 30 November 1972, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge UOTHC. He had completed 1 year, 2 months, and 6 days of creditable active service and had 77 days of lost time.

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 submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. A discharge UOTHC is normally considered appropriate.

Army Regulation 635-200 states, in pertinent part, that a general discharge is a separation from the Army under honorable conditions. It is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable 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. 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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2. The Board notes that the applicant had 77 days of lost time and two records of nonjudicial punishment. There is no evidence to show he had family problems or if he had that he sought resolution of those problems in an acceptable manner (i.e., a request for compassionate reassignment or hardship discharge). There is no evidence to show that he had a mental disorder that prevented him from knowing right from wrong and from adhering to the right. The Board therefore concludes that the type of discharge he was given was appropriate considering his record of misconduct.

3. 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

__js___ __wp___ ___lm__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records


INDEX

CASE ID AR2003084927
SUFFIX
RECON
DATE BOARDED 20030619
TYPE OF DISCHARGE UOTHC
DATE OF DISCHARGE 19731130
DISCHARGE AUTHORITY AR 635-200, ch 10
DISCHARGE REASON A70.00
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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