BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120007752
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 Army Board for Correction of Military Records (ABCMR) decision denying his request to upgrade his discharge to a general discharge.
2. The applicant states he is providing his Report of Medical Examination (Standard Form (SF) 88), dated 29 March 1978, and asks that his case be reopened and reviewed based on this new evidence.
3. The applicant provides his SF 88, dated 29 March 1978.
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 ABCMR in Docket Number AR20110003500 on 25 August 2011.
2. The SF 88, dated 29 March 1978, he submitted is new evidence which requires consideration by the ABCMR.
3. He enlisted in the Regular Army on 26 May 1977 at the age of 19 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 94B (Food Service Specialist).
4. He accepted nonjudicial punishment under Article 15 on:
* 1 November 1977 for failure to report for duty
* 21 December 1977 for being absent without leave (AWOL) from
16 November to 16 December 1977
5. On 24 March 1978, court-martial charges were preferred against him for:
* failing to go to his appointed place of duty
* being AWOL from 27 December 1977 to 14 February 1978
6. On 27 March 1978, he voluntarily requested discharge for the good of the service. He acknowledged he had been afforded the opportunity to speak with appointed counsel prior to making this request. He acknowledged he understood the elements of the offense he was charged with and he was:
* guilty of the offense with which he was charged
* making the request of his own free will
* advised he may be furnished an Under Other Than Honorable Conditions Discharge Certificate
* advised he could submit statements in his own behalf
7. In addition, the applicant was advised he may expect to encounter substantial prejudice in civilian life if he was issued an under other than other honorable conditions discharge and he:
* would be deprived of many or all Army benefits
* may be ineligible for many or all veteran's benefits
* may be deprived of his rights and benefits as a veteran under both Federal and State laws
8. He also stated he had family problems and he didn't want to have anything to do with the military. He couldn't adjust and he just wanted out of the military.
9. His intermediate commanders recommended he receive a general discharge.
10. On 6 April 1978, the separation authority approved his request for discharge and directed he be issued an Under Other Than Honorable Conditions Discharge Certificate. On 3 May 1978, he was discharged. He completed 8 months and
8 days of active service and he had 79 days of time lost.
11. On 6 July 1981, the Army Discharge Review Board denied his request for an upgrade of his discharge.
12. The SF 88, dated 29 March 1978, shows he was qualified for separation. It was noted he had minimal defective distant vision and that he did not need a consult for his heart.
13. Army Regulation 635-200, in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel.
a. Chapter 10 stated a member who was charged with 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 in lieu of trial by court-martial. The request could be submitted at any time after charges had been preferred and must have included the individual's admission of guilt. Although an honorable or general discharge was authorized, an under than honorable conditions discharge was normally furnished an individual who was discharged for the good of the service.
b. A general discharge was a separation from the Army under honorable conditions. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. His voluntary request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial was administratively correct and in conformance with applicable regulations.
2. The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case. The issuance of an under other than honorable conditions discharge was normally considered appropriate when a member was separated under the provisions of chapter 10. There is no evidence of procedural or other errors that would have jeopardized his rights.
3. His record of indiscipline after only 8 months service clearly shows his service to be unsatisfactory. The SF 88 he submitted does not provide any mitigating factors that would lessen the seriousness of his acts of indiscipline.
4. In view if the above, there is no basis to upgrade his discharge to a general discharge.
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 AR20110003500, dated 25 August 2011.
_______ _ 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) AR20120007752
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