IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120001611
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, the son of a deceased former service member (FSM), requests an upgrade of his father's under other than honorable conditions (UOTHC) discharge to honorable.
2. The applicant states his father did an outstanding job in and out of the service, from raising two successful young men to all of the ribbons and badges earned in the Army. He also had a successful marriage. He was an honorable man who had a long life of good deeds and accomplishments.
3. The applicant provides copies of:
* FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty)
* FSM's certification of death
* his own birth certificate and California driver's license
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the Regular Army on 26 April 1989. He completed training and was awarded military occupational specialty 94B (Food Service Specialist).
2. The FSM's DA Form 2-1 shows in:
a. item 5 Overseas Service) he served a 12-month tour of duty in Panama; and
b. item 9 (Awards, Decorations and Campaigns) the:
* Armed Forces Expeditionary Medal (Panama)
* Army Achievement Medal
* Army Commendation Medal
* Overseas Service Ribbon
* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars
3. On 13 May 1991, charges were preferred against the FSM for eight specifications of being absent without leave (AWOL) between 12 November 1990 and 7 May 1991, one specification of failing to obey a lawful order, one specification of committing assault on a Soldier serving as a sentinel, and one specification of breaking restriction.
4. He consulted with counsel and he voluntarily requested discharge for the good of the service in lieu of trial by court-martial. He acknowledged he understood the elements of the charges against him and admitted he was guilty of at least one of the offenses which authorized a punitive discharge. He also acknowledged he understood he might receive a discharge UOTHC, which would deprive him of many or all Army benefits, and he might be ineligible for veterans' benefits administered by the Department of Veterans Affairs (VA). He acknowledged he understood he could expect to encounter substantial prejudice in civilian life if he were issued a discharge UOTHC. He also indicated he had received legal advice, but his request for discharge had been made voluntarily and it reflected his own free will.
5. The FSM's chain of command recommended approval of his voluntary request for discharge with the issuance of a UOTHC character of service. The separation authority approved the recommendation on 29 May 1991.
6. On 11 June 1991, the FSM was so discharged. His DD Form 214 shows he was awarded or authorized the:
* Army Commendation Medal
* Army Achievement Medal
* Army Service Ribbon
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars
7. There is no indication the FSM applied to the Army Discharge Review Board for an upgrade of his discharge.
8. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.
a. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.
b. Paragraph 3-7a states 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 members 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.
c. Paragraph 3-7b states 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 applicant's description of his father's life and accomplishments is noted but these accomplishments do not outweigh the misconduct that led to his father's discharge.
2. The FSMs request for a chapter 10 discharge, even after appropriate and proper consultation with legal counsel, tends to show he wished to avoid the court-martial and the punitive discharge he might have received. His service was appropriately characterized by the nature of his offenses and the circumstances of his separation.
3. The type of discharge directed and the reasons were appropriate considering all the facts of the case.
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 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.
ABCMR Record of Proceedings (cont) AR20100027085
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001611
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