| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Stanley Kelley | Chairperson | ||
| Mr. Christopher J. Prosser | Member | ||
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to an honorable or a general discharge.
APPLICANT STATES: That the type of discharge that he received was an injustice.
EVIDENCE OF RECORD: The applicant's military records show:
On 11 July 1968, he enlisted in the Army at Fort Bliss, Texas, for 2 years in the pay grade of E-1. He had completed basic combat training and was undergoing his advanced individual training when he was convicted by a special court-martial on 27 December 1968, of being absent without leave (AWOL) from 2 November until 17 December 1968. He was sentenced to confinement at hard labor for 3 months and a forfeiture of pay.
On 29 July 1969, the applicant was convicted by a special court-martial of being AWOL from 3 June until 27 June 1969. He was sentenced to confinement at hard labor for 3 months and a forfeiture of pay.
On 26 September 1969, he was convicted by a special court-martial of violating the conditions of his parole and of being AWOL from 6 September until 8 September 1969. He was sentenced to confinement at hard labor for 4 months and a forfeiture of pay.
The applicant was notified that charges were pending against him for being AWOL from 31 August 1970 until 10 January 1971. He acknowledged receipt of the notification on 25 February 1971. After consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial. Along with his request for discharge, he submitted a statement in his own behalf basically explaining his reasons for his convictions by court-martial. He also stated that he wanted to be discharged from the Army because he had difficulty adjusting to military life, as he did not like to take orders; that his wife was attempting to divorce him; and that his mother was having grave financial problems.
The appropriate authority approved the request for discharge on 5 March 1971. Accordingly, on 10 March 1971, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in
lieu of trial by court-martial. He had completed 9 months and 2 days of total active service and he had approximately 242 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. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.
2. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
3. The Board has noted the applicant’s contentions. However, the applicant was convicted by a special court-martial on three occasions for being AWOL and he had charges pending against him for being AWOL a fourth time. Considering his numerous acts of indiscipline it does not appear that his discharge was an injustice or too severe. He chose to submit a request for discharge for the good of the service, in lieu of trial by court-martial. Although he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date.
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
__cjp____ ___sk___ ___jm ___ DENY APPLICATION
| CASE ID | AR2003088332 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/09/11 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1971/03/10 |
| DISCHARGE AUTHORITY | AR 633-200, CH10/GOOD OF SERVICE |
| DISCHARGE REASON | 689 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 708 | 144.7100/AWOL |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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