BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160002848 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ ___x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160002848 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 AC82-02454 on 15 June 1982. ___________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. BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160002848 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 his previous request to upgrade his under other than honorable conditions discharge. 2. He states that during this period in his life his parents became ill, creating a hardship on him and his family. Since his discharge he has gone to school, been married for 30 plus years, raised three sons, and held only two jobs in more than 28 years. He has lived his life as an honorable man. 3. He provides a character reference from a fellow Soldier. 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 AC82-02454 on 15 June 1982. 2. On 11 March 1977 he enlisted in the Regular Army. His record contains a Personnel Control Facility Information Sheet, which shows that on 13 September 1979, after being absent without leave (AWOL), he surrendered at Fort Devens, MA. At that time he stated he went AWOL because his mother had a nervous breakdown after his brother got into trouble with the law. He no longer wanted to run but wanted out of the military in order to be near his family and go back to school. 3. On 14 September 1979, court-martial charges were preferred against him for being AWOL from 25 July to 12 September 1979. 4. After consulting with counsel, he voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10. He was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the Uniform Code of Military Justice (UCMJ), the possible effects of an under other than honorable conditions discharge, and of the procedures and rights that were available to him. He indicated he had not been subjected to coercion whatsoever by any person and he made the request of his own free will. He elected not to submit a statement in his own behalf. 5. In his request for discharge the applicant acknowledged that he was guilty of the charge against him or of a lesser included offense therein contained which also authorized the imposition of a bad conduct or dishonorable discharge. He acknowledged he made his request without being subject to coercion by any person. He understood he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the Veterans Administration, and he could be deprived of his rights and benefits as a veteran under both Federal and State laws. He also indicated he understood he could face substantial prejudice in civilian life if he were issued an under other than honorable conditions discharge. 6. On 11 October 1979, the separation authority approved his request for discharge and directed the issuance of an under other than honorable conditions discharge. 7. On 7 November 1979, he was discharged accordingly. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed a total of 2 years, 6 months, and 9 days of creditable active military service. The dates of his lost time were from 25 July 1979 to 12 September 1979, a total of 49 days. The separation authority shows chapter 10, Army Regulation 635-200 and his narrative reason for separation was his conduct was triable by court-martial. 8. The Army Discharge Review Board denied his request for an upgrade of his discharge on 25 June 1981. 9. The ABCMR denied his request to upgrade his discharge on 25 June 1982. 10. He provides a letter of support from a fellow 9th Infantry Division Soldier. This individual contends that when the applicant found out his father was terminally ill he went home on leave in July 1979 and later returned to Fort Dix, NJ, in December 1979. The applicant’s father passed away in March 1980. He contends that the applicant has never been in trouble other than going AWOL, which he did when he was a grieving 19 year old. To an honorable person, such as the applicant, there is nothing worse than having a less than honorable discharge because he has lived his life to be the definition of honorable. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 10 states that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for administrative 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 under other than honorable conditions is normally considered appropriate. b. 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. c. 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: 1. The applicant's post-service achievements are noted and the fact that his parents were ill is not in dispute; nonetheless, the applicant was charged with being AWOL, an offense for which he could have been tried by a court-martial and sentenced to a punitive discharge under the UCMJ. As an alternative, he voluntarily, willingly, and in writing requested an administrative discharge under the provisions of Army Regulation 635-200, chapter 10. 2. This type of discharge is a voluntary request in lieu of trial by court-martial. At the time he acknowledged he was guilty of the charge, or a lesser offense, and he acknowledged that he could be deprived of his rights and benefits as a veteran. The separation authority believed the applicant's service did not meet the standards of acceptable conduct and performance of duty for Army personnel and that his misconduct rendered his service unsatisfactory. His administrative discharge appears to have been accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002848 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002848 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2