| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Walter T. Morrison | Chairperson | ||
| Mr. Lester Echols | Member | ||
| Mr. Lawrence Foster | Member |
APPLICANT REQUESTS: In effect, that his discharge under other than honorable conditions be upgraded to a more favorable discharge.
APPLICANT STATES: That he has paid for his past mistakes and has changed his entire life. He is now in need of assistance from the Department of Veterans Affairs (VA).
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Knoxville, Tennessee, on 3 September 1980, for a period of 3 years, training as a tactical wire operations specialist and assignment to Europe.
He completed his training and was transferred to Germany on 5 January 1981. He was advanced to the pay grade of E-2 on 3 March 1981.
On 2 July 1981, nonjudicial punishment was imposed against him for the wrongful possession and use of marijuana in hashish form. His punishment consisted of a reduction to the pay grade of E-1 (suspended for 90 days), a forfeiture of pay, extra duty and restriction.
On 22 January 1982, the applicant's commander initiated a recommendation to bar the applicant from reenlistment. He cited as the basis for his recommendation, the applicant's disciplinary record, his failure to respond to numerous counseling sessions, poor performance, poor attitude, disrespect towards superiors, shirking and immaturity. The applicant acknowledged that he understood the basis for the commander's recommendation and elected not to submit matters in his own behalf. The appropriate authority approved the bar to reenlistment on 25 January 1982.
The facts and circumstances surrounding the applicant’s discharge are not present in the available records. However, his records do show that he had an approved discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial, when he was admitted to Landstuhl Army Regional Hospital in Germany and was subsequently medically evacuated for further treatment, to Walter Reed Army Medical Center (WRAMC) in Washington, D.C. on 26 May 1982. He was subsequently reassigned to the Medical Holding Company at WRAMC and was discharged under other than honorable conditions on 1 October 1982, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 2 years and 29 days of total active service.
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.
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
___lf____ __wtm __ ___le____ DENY APPLICATION
| CASE ID | AR2003084982 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/06/26 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 1982/10/01 |
| 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 | CY2001 | 2001051973C070420
APPLICANT STATES : The applicant submitted two applications. He further states that he already had an honorable discharge and that he reenlisted in good faith. On 5 January 1983, the separation authority approved the applicant’s request for discharge with an under other than honorable conditions discharge.
ARMY | BCMR | CY2002 | 2002072540C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Although the discharge packet is not of record, the evidence of record shows that the applicant again requested that he be discharged under the provisions of Chapter 10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2001 | 2001060776C070421
On 11 August 1982, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge. The applicant submitted an application to this Board requesting an upgrade of his discharge on 4 February 1989. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
ARMY | BCMR | CY2009 | 20090004965
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070014535, dated 14 February 2008. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicant has not submitted any evidence to show that he was mentally incompetent when he requested discharge...
ARMY | BCMR | CY2002 | 2002068466C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that he began using heroin while in the military and "was immediately addicted to this drug." On 30 January 2002 the Army Discharge Review Board unanimously denied the applicant's petition to upgrade his discharge.
ARMY | BCMR | CY2002 | 2002079969C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 24 March 1982, the appropriate authority approved the applicant’s request for discharge. The separation document issued to the applicant upon his discharge confirms that he was separated under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, in lieu of trial by court-martial after completing a total of 1 year, 9 months, and 22 days of...
ARMY | BCMR | CY2002 | 2002071034C070402
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded. He enlisted in the Regular Army on 13 February 1981 for a period of 3 years and assignment to Korea. 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 | DRB | CY2006 | AR20060011520
Current ENL Service: 04 Yrs, 00 Mos, 19 Days ????? The unit and intermediate commanders recommended approval of the request for discharge in lieu of trial by court-martial, with an under other than honorable conditions discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board does not condone the applicants...
ARMY | BCMR | CY2002 | 2002076254C070215
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: APPLICANT STATES : That he completed his 3-year enlistment.
ARMY | BCMR | CY2001 | 2001056343C070420
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: Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001056343SUFFIXRECONDATE BOARDED20010830TYPE OF DISCHARGE(UOTHC)DATE OF DISCHARGE19820311DISCHARGE AUTHORITYAR635-200, CHAPTER 10 DISCHARGE REASONA70.00BOARD DECISION(DENY)REVIEW AUTHORITYISSUES 1.144.70002.3.4.5.6.