| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Margaret V. Thompson | Member |
APPLICANT REQUESTS: That his under other than honorable conditions discharge be changed to a general under honorable conditions discharge.
APPLICANT STATES: That he was a good soldier and did not have problems. He also states that he was absent without leave (AWOL) because his wife was about to give birth to his first child and his request for leave was not granted. He was 21 years old and took his family as his priority over the service. He is now 46 years old and hopes for a new beginning with his life and family. He claims that he has not been in trouble since then. In support of his application, he submitted a copy of his DD Form 214 (Report of Separation from Active Duty) and three letters of support.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant served in the U.S. Army Reserve prior to his enlistment in the Regular Army on 1 December 1975. He was assigned to the 1st Battalion, 21st Infantry, 25th Infantry Division in Hawaii in military occupational specialty 11C (Infantry Indirect Fire Crewman).
On 27 January 1976 and 8 June 1976, the applicant was punished under Article 15, Uniform Code of Military Justice (UCMJ) for disobeying a lawful command from a superior commissioned officer; for being absent from his place of duty on 23 January 1976 from 1715 hours to on or about 2100 hours; for failing to go to his appointed place of duty on two occasions; and for signing a false official document.
The applicant was advanced to private first class on 1 March 1977.
The applicant was punished under Article 15, UCMJ on three occasions between 23 September 1977 and 23 February 1978 for disobeying a lawful order from a superior noncommissioned officer (NCO) and for failing to go to his appointed place of duty.
Records show the applicant was AWOL from 21 March 1978 to 17 September 1978.
The facts and circumstances pertaining to the applicant’s discharge proceedings are not present in his records. However, his DD Form 214 indicates that he was discharged on 20 October 1978 under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial and was issued an under other than honorable conditions discharge. He had completed 2 years, 4 months, and 19 days of creditable service with 181 days of lost time due to AWOL.
There is no indication that the applicant applied to the Army Discharge Review Board within its 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 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. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the soldier’s separation specifically allows such characterization.
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.
2. The Board notes that the discharge processing papers are not in the applicant’s records. However, 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.
3. 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, is presumed to have been administratively correct and in conformance with applicable regulations with no indication that the request was made under coercion or duress.
4. The Board noted the applicant's contentions; however, the evidence of record shows he was punished under Article 15, UCMJ on five occasions and was AWOL for 181 days during his military career.
5. The applicant has not presented any evidence that the discharge process was flawed, in error or unjust. Therefore, there is insufficient evidence upon which to base an upgrade of his under other than honorable conditions discharge to a general under honorable conditions discharge.
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
RJW_____ MVT_____ MHM_____ DENY APPLICATION
| CASE ID | AR2003086708 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030930 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 144.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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