IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100012760 


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 the denial of his previous request for upgrade of his undesirable discharge to a general discharge.

2.  The applicant states at first he did well in the Army and then became homesick and upset when he received a "Dear John" letter from his girlfriend.  He states he was young, a lot had happened, and all he wanted to do was go to his parents' home and try to deal with all that had happened.

3.  The applicant provides a self-authored letter, his DD Form 214 (Report of Separation from Active Duty), and his DD Form 4 (Enlistment Contract).

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 AR20060015256, on 26 April 2007.

2.  The additional details provided by the applicant of his recollection of the events that led to his discharge are a new argument, which warrants consideration by this Board.


3.  The applicant was born on 16 April 1954.  He enlisted in the Regular Army on 30 April 1971.  He completed initial entry training, he was awarded military occupational specialty 76S (automotive repair parts specialist), and he was advanced to pay grade E-4.

4.  The available evidence shows the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on three occasions during the period 16 June 1971 to 7 September 1972 for being absent without leave (AWOL).

5.  On 17 October 1973, he accepted NJP for failing to go at the time prescribed to his appointed place of duty on three separate occasions.

6.  On 24 October 1973, he went AWOL and remained absent in a deserter status until he was apprehended on 14 February 1974 and returned to military control.

7.  The facts and circumstances surrounding the applicant’s discharge are not present in the available records; however, his records do contain a duly authenticated DD Form 214 which shows that on 15 April 1974 he 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 with an undesirable discharge.  He completed 2 years, 6 months, and 14 days of total active service with 153 days of time lost due to AWOL.

8.  There is no indication the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service at any time after court-martial charges were preferred,.  Commanders would ensure that an individual was not coerced into submitting a request for discharge for the good of the service.  Consulting counsel would advise the member concerning the elements of the offense or offenses charged, type of discharge normally given under the provisions of this chapter, the loss of Veterans Administration benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge.  An Undesirable Discharge Certificate would normally be furnished an individual who was discharged for the good of the Service.  


10.  Army Regulation 635-200, paragraph 3-7b, 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 AND CONCLUSIONS:

1.  The applicant accepted NJP on three occasions for being AWOL and another occasion for failing to go at the time prescribed to his appointed place of duty on three separate occasions.  His first NJP was about 1 1/2 months after he enlisted, contradicting his contention that at first he did well in the Army.  He then went AWOL and remained absent in a deserter status until he was apprehended and returned to military control.  His records show that he had a total of 153 days of time lost.

2.  He contends he was young, homesick, and upset about receiving a "Dear John" letter from his then girlfriend at the time of his offenses.  Records show he was between the age of 17 and 19 at the time.  However, there is no evidence indicating he was any less mature than other Soldiers of the same age who successfully completed their military service obligations.

4.  Based on the applicant's offenses, his service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel.

5.  The applicant's record is void of the specific facts and circumstances surrounding his discharge.  It appears that he was charged with the commission of offense(s) punishable under the UCMJ with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10 are voluntary requests for discharge in lieu of trial by court-martial.  The applicant is presumed to have voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  It is also presumed that all requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant’s discharge accurately reflects his overall record of service.

6.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


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 AR20060015256, dated 26 April 2007.



      ____________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)                                         AR20100012760



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ABCMR Record of Proceedings (cont)                                         AR20100012760



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