APPLICANT REQUESTS: That his undesirable discharge (UD) be upgraded to honorable.
APPLICANT STATES: That at the time of separation, he was in jail and received no counseling or hearing. He adds that an upgrade would help him make a better life for himself.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 9 September 1939 and was inducted into the Army of the United States for 2 years on 2 February 1962. Following completion of the required military training, he was assigned to Fort Benning, Georgia, where he completed airborne training prior to his ultimate assignment as an airborne infantryman at Fort Campbell, Kentucky.
The applicant was prone to disciplinary problems. His record reflects five nonjudicial punishments (NJP) administered under Article 15, Uniform Code of Military Justice. On 4 February 1963, he received NJP for being absent without leave (AWOL) for 1 day; on 7 June 1963, he received NJP for failing to sign out while on alert status; on 15 July 1963, he received NJP for failure to repair for reveille formation; on 11 September 1963, he received NJP for absenting himself from his place of duty; and on 2 October 1963, he received NJP for absenting himself from his place of duty.
On 4 December 1962, the applicant was tried by a special court-martial for being AWOL from 11 October 1962 through 15 November 1962. He pleaded guilty and was convicted and sentenced to confinement for 6 months, forfeiture of $55 for 6 months, and reduction to private (E-1). The convening authority reduced the sentence to 5 months confinement and 1 month of hard labor without confinement, and suspended the confinement for 5 months. The suspension was later vacated and the confinement was served.
The applicant was arrested and confined by civil authorities for the offenses of disorderly conduct and breach of the peace in Hopkinsville, Kentucky, on 21 September 1963. He was convicted in civilian court and sentenced to 50 days confinement in the local jail. While he was in civil confinement, his commander processed him for separation under the provisions of Army Regulation (AR) 635-208. He was given medical and psychological evaluations which found him to be fit for separation. His UD was executed on 25 October 1963. He had 1 year and 7 months of creditable service and 53 days of lost time.
Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness. The regulation provided, in pertinent part, that members found to be unfit for further military service, and without rehabilitative potential, would be separated. An undesirable discharge was 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 applicants service record is poor and contains numerous NJPs and one court-martial conviction. His record demonstrates that he was unable to adapt to the military or adhere to its rules and regulations.
3. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
4. 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
Karl F. Schneider
Acting Director
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