BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100026860
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 that his discharge under other than honorable conditions be upgraded to an honorable discharge.
2. The applicant states:
* he was unable to receive rehabilitation or counseling for a gambling addiction
* he had over 17 years of selfless, honorable service
* he requested early retirement twice and was denied both times due to a shortage in his military occupational specialty
* his wife had a retired service member living in his new home when he went home on mid-tour leave
* he requested a leave extension and was denied
3. The applicant provides DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 7 July 1982. He completed training as a cavalry scout. He remained in an active duty status through continuous reenlistments. He arrived in Korea on 12 January 1999.
2. On 13 August 1999, the applicant went absent without leave (AWOL). He remained absent in a desertion status until he was apprehended by civil authorities in Missouri and returned to military control on 21 February 2000.
3. The applicant was notified that charges were pending against him for being AWOL and he acknowledged receipt of the notification on 28 February 2000. After consulting with counsel, he submitted a request for discharge under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial. He elected not to submit a statement in his own behalf.
4. The appropriate authority approved the request for discharge on 11 April 2001 and he directed the issuance of a discharge under other than honorable conditions.
5. On 8 May 2001, the applicant was discharged under other than honorable conditions, under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial. He completed 18 years, 3 months, and 20 days of net active service this period. He had approximately 6 months and 8 days of lost time due to being AWOL.
6. On 30 September 2009, the Army Discharge Review Board denied the applicant's petition for an upgrade of his discharge.
7. Army Regulation 635-200 (Personnel Separations) 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, the type of discharge normally given under the provisions of this chapter, the loss of Department of Veterans Affairs benefits, and of the possibility of prejudice in civilian life if an under other than honorable conditions discharge was issued. An under other than honorable conditions discharge was normally given to an individual who was discharged for the good of the service.
8. Army Regulation 635-200 provides at:
a. paragraph 3-7a that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service
generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate; and
b. paragraph 3-7b 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted.
2. There is no evidence in the available record showing that he sought and was denied assistance through his chain of command with personal problems he was having at home or with a gambling addiction. There is no evidence in his record showing he requested early retirement and was denied. His record shows that he went AWOL on 13 August 1999 and he remained absent in a desertion status until he was apprehended by civil authorities on 21 February 2000. He had approximately 6 months and 8 days of lost time due to being AWOL.
3. He submitted a request for discharge after being notified that charges were pending against him for being AWOL. He has not shown an error in the type of discharge that he received.
4. In view of the foregoing, the applicants request should be denied.
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 for correction of the records of the individual concerned.
_______ _ 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.
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