| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Mr. Frank C. Jones | Member | ||
| Ms. Barbara J. Ellis | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to an honorable discharge.
APPLICANT STATES: That he went on leave to help care for his pregnant wife. He states that his approved leave expired and his wife still needed his help. He states that he contacted the Red Cross and that he was told that his leave had been extended. He goes on to state that about 1 week later he was arrested by the military police while he was at home. He states that he received no counseling or due process. He concludes by stating that although he was a good soldier with good performance evaluations, he was furnished a bad discharge.
EVIDENCE OF RECORD: The applicant's military records show:
On 11 June 1971, he enlisted in the Army at Fort Jackson, South Carolina, for 2 years in the pay grade of E-1. He successfully completed his training as a lineman.
His conduct and efficiency ratings were excellent from the time of his enlistment until he went absent without leave (AWOL) on 26 June 1972.
Charges were preferred against the applicant on 28 February 1973. He was charged with two specifications of being AWOL from 26 June 1972 until 11 December 1972 and from 8 January 1973 until 27 February 1973. He acknowledged receipt of the notification and after consulting with counsel, he waived his rights and 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.
The appropriate authority approved the request for discharge on 12 March 1973. Accordingly, on 14 March 1973, 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 1 year, 1 month and 15 days of total active service and he had approximately 230 days of lost time due to AWOL and confinement. He was furnished an Undesirable Discharge Certificate.
On 6 May 1983, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
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, they are unsupported by the evidence of record. There is no evidence of record that shows that he was not afforded the opportunity to consult with counsel prior to being discharged. The evidence of record clearly shows that he went AWOL twice and then he submitted a request for discharge in lieu of trial by court-martial after he consulted with counsel.
4. The applicant's request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial and the punitive discharge that he might have received.
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
__fcj ____ __bje ___ ___rvo__ DENY APPLICATION
| CASE ID | AR2003088470 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/09/04 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1973/03/14 |
| DISCHARGE AUTHORITY | AR 635-200/CH 10 |
| DISCHARGE REASON | 689 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 706 | 144.7017/SERIOUS OFFENSE |
| 2. 708 | 144.7100/AWOL |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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