IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080012477
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier request that his undesirable discharge be upgraded to honorable.
2. The applicant states, in effect, that he had 771 days of good service and was told by his lawyer that his discharge could be upgraded after 10 years if he was a good citizen. He further contends that he was forced to sign the discharge despite having saved another mans life. On 12 May 1969, he was crushed between two cars. The Army did not properly fix his leg resulting in him being disabled and causing him to suffer from back trouble. Also, he wants to purchase a home for emergency foster care.
3. The applicant provides copies of a medical examination dated 25 June 2008 and five photographs showing his leg and foot.
CONSIDERATION OF EVIDENCE:
1. 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 AR20080005605, on 24 July 2008.
2. The applicant completed approximately 685 days of creditable active duty and he had 1,493 days of lost time due to being absent without leave.
3. The applicants service medical records are not available for review.
DISCUSSION AND CONCLUSIONS:
1. The applicants implied contention that his good service time should count for something is noted. However, the applicant's record of good service is greatly diminished by his 1,493 days of lost time, and outweighed by the circumstances of the discharge. Accordingly, he has not provided any evidence or sufficiently mitigating argument to warrant an upgrade of his discharge.
2. There is no available evidence documenting that his counsel advised him that his discharge would be automatically upgraded if he was a good citizen for
10 years. Furthermore, there is no policy, regulation, directive or law that provides for the automatic upgrade of a less than honorable discharge from military service.
3. There is no evidence showing that he was coerced or otherwise forced to accept his administrative discharge.
4. There is no available evidence documenting that he received improper medical treatment while on active duty or that any such medical treatment was the proximate cause of his misconduct.
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 the aforementioned requirement.
6. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X ___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080005605, dated 24 July 2008.
_________ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080012477
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