APPLICANT REQUESTS:  That his discharge under other than honorable conditions (UOTHC) be upgraded to an honorable discharge.

APPLICANT STATES:  That he was young and on drugs and alcohol which impaired his ability to adjust to military life.

EVIDENCE OF RECORD:  The applicant’s military records show:

He was born on 20 August 1952.  On 23 December 1970 he enlisted in the Regular Army for 2 years.  He completed basic training and advanced individual training and was awarded military occupational specialty 76X (Subsistence Storage Specialist).

On 2 April 1971, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for stealing a shirt, value of about $5.00, from the Post Exchange.

On 29 July 1971, the applicant accepted NJP under Article 15, UCMJ for being disorderly with the military police.

On 30 August 1971, the applicant completed a separation physical (for the purpose of a Chapter 635-212 separation for unsuitability/unfitness) and was found qualified for separation.  On his Report of Medical History, the applicant did note that he had been hospitalized in Bad Kreuznach for drugs (verified from his medical records) but that he was in good health and had no current problems.

On 29 November 1971, court-martial charges were preferred against the applicant charging him with attempting to steal government funds and unlawfully entering the mess hall with the intent to commit theft.

On 29 November 1971, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Chapter 10, Army Regulation 635-200 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He elected not to submit a statement in his own behalf.

On 30 November 1971, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.
On 21 December 1971, the applicant was discharged in pay grade E-1 under the provisions of Army Regulation 635-200, Chapter 10, discharge in lieu of trial by court-martial.  He had completed 11 months and 29 days of creditable active service and had no lost time. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations it is concluded:

1.  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.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  Competent military medical authority examined the applicant prior to his separation and found him qualified for separation.  The applicant noted on his Report of Medical History that he had no current drug or alcohol problems.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION

						Loren G. Harrell
						Director