| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Ms. Gail J. Wire | Chairperson | ||
| Ms. Karen A. Heinz | Member | ||
| Mr. Robert Duecaster | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to an honorable discharge.
APPLICANT STATES: That at the time of his discharge he was unaware of the type of discharge he was receiving.
EVIDENCE OF RECORD: The applicant's military records show:
On 18 April 1966, he enlisted in the Army in Raleigh, North Carolina for 3 years in the pay grade of E-1. He successfully completed his training as a light weapons infantryman. He was promoted to the pay grade of E-2 on 18 August 1966 and to pay grade E-3 on 22 December 1966.
His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Parachute Badge, the Bronze Star Medal and the Army Commendation Medal.
Nonjudicial punishment (NJP) was imposed against the applicant on 28 January 1967 for willfully disobeying a lawful order. His punishment consisted of a reduction in pay grade, restriction and extra duty.
On 22 June 1967, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 3 May 1967 until 13 June 1967. He was sentenced to a reduction in pay grade and a forfeiture of pay.
On 3 December 1968, the applicant was convicted by a special court-martial of two specifications of failure to obey a lawful order and of being AWOL from 2 October 1968 until 26 October 1968. He was sentenced to confinement at hard labor for 4 months, a reduction in pay grade and a forfeiture of pay.
The applicant again went AWOL on 24 August 1969 and he remained absent until he was returned to military control on 31 January 1970.
The facts and circumstances pertaining to the applicant's discharge are not on file. The Report of Transfer or Discharge (DD Form 214) that he was furnished indicates that the applicant was discharged on 13 April 1970, under the provisions of Army Regulation 635-200 and he was furnished a separation program number of 246 (for the good of the service). He had 3 years, 4 months and 13 days of total active service and he had approximately 223 days of lost time due to AWOL and confinement. He was furnished an Undesirable Discharge Certificate.
There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable 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 the absence of evidence to the contrary, it must be presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. It appears that the character of the discharge is commensurate with his overall record of service.
2. The type of discharge directed and the reasons therefore also appear to be appropriate considering the available facts of the case.
3. The Board has noted the applicant’s contentions. However, although the facts and circumstances surrounding his discharge are unavailable for review, in order for him to have been discharged for the good of the service he had to have submitted a request for discharge in lieu of trial by court-martial. He also would have been afforded the opportunity to consult with counsel to be made aware of the type of discharge he would receive and the affects of receiving a less than honorable discharge.
4. 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.
5. 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
___rd ___ ___kh___ __gw____ DENY APPLICATION
| CASE ID | AR2003085601 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/07/31 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1970/04/13 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | 689 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 708 | 144.7100/CONDUCT TRIABLE BY CM |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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