APPLICANT REQUESTS:  In effect, that the color of his eyes be changed from blue to brown and the color of his hair be changed from brown to black on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 May 1962.  Also, in separate correspondence, he requests that his general discharge under honorable conditions be upgraded to honorable.

APPLICANT STATES:  In effect, that his birth certificate shows the correct color of his eyes and hair.  Also, he alleges that he submitted another application on 27 June 1994 to correct his discharge; however, there is no record of receiving that application.

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

He was born on 19 January 1941.  He completed 7 years of formal education.  On 22 July 1960, he was inducted into the Army of the United States, in pay grade E-1, for 24 months. His Armed Forces Qualification Test score was 20 (Category IV).  He completed his required training and was awarded military occupational specialty 640.00 (Light Vehicle Driver).  He was honorably discharged on 29 September 1960 for the purpose of enlisting into the Regular Army (RA).  His DD Form 214, which he signed, showed that the color of his eyes was brown and that the color of his hair was black.

On 30 September 1960, he enlisted in the RA, in pay grade 
E-1, for 3 years.  On his DD Form 4 (Enlistment Record-Armed Forces of the United States), which the applicant signed, he declared that the color of his eyes was brown and that the color of his hair was brown.

He was advanced to pay grades E-2 and E-3 (temporary) effective 22 November 1960 and 1 April 1961, respectively.  On 17 July 1961, he was reduced to pay grade E-2 as a result of nonjudicial punishment under Article 15, Uniform Code of Military Justice, for misconduct.



A DD Form 553 (Absentee Wanted by the Armed Forces) indicated, in pertinent part, that the applicant was absent without leave (AWOL) effective 9 October 1961 from Fort Hood, Texas; that he was dropped from the rolls (DFR) as a deserter on 9 November 1961; that the color of his eyes was brown; and that the color of his hair was brown.  He was returned to military control on 12 February 1962 at Fort Benning, Georgia.

On 15 March 1962, he was tried by special court-martial (SPCM) for being AWOL from 9 October 1961 until on or about 12 February 1962.  After pleading guilty, he was sentenced to be reduced to pay grade E-1, to be confined at hard labor for 6 months, and to forfeit $40 per month for 6 months.  Only so much of the sentence as provided for the reduction to pay grade E-1, the confinement at hard labor for 6 months, and the forfeiture of $25 per month for 6 months was approved, but the execution of that portion adjudging confinement at hard labor for 6 months was suspended for 6 months.

On 19 April 1962, the applicant’s commander notified him that he was recommending him for discharge under Army Regulation 635-209, and of his rights.  The applicant waived a hearing before a board of officers.  He indicated that he did not desire counsel, and that he did not desire to submit statements in his own behalf.

On 19 April 1962, the applicant’s commander submitted a request recommending that the applicant be discharged under Army Regulation 635-209 for apathy, and that he be awarded a general discharge certificate.  The commander indicated that the applicant’s records showed one period of AWOL and one SPCM; that the applicant’s retention in the service could be expected to result in continued ineffectualness and repeated disciplinary infractions; that the applicant displayed a defective attitude and failure to expend appropriate effort; that the applicant’s attitude toward the military was negative; that no attempts at rehabilitation had been made by his organization due to the fact that the applicant was assigned in a DFR as a deserter status and had never been present for duty; and that the applicant’s current conduct rating was unsatisfactory and his current efficiency rating was unknown.  The commander indicated that there was a psychiatrist statement with his recommendation; however, it is not contained in the available records.  (Note:  All medical records pertaining to the applicant were sent to the Department of Veterans’ Administration.)

On 19 April 1962, the applicant’s discharge was approved under Army Regulation 635-209, paragraph 3b (character and behavior disorders), with a general discharge certificate, by the U.S. Army Infantry Center Troop Commander (a lieutenant colonel).

On 20 April 1962, the unexecuted portion of the sentence in the applicant’s SPCM case, which was adjudged on 15 March 1962, was remitted effective 10 May 1962.

The applicant’s DD Form 214, which he signed, indicated that he was discharged on 10 May 1962, in pay grade E-1, under Army Regulation 635-209, paragraph 3b, with a general discharge certificate; that he had completed a total of 1 year, 3 months, and 27 days active military service; that he had 173 days lost time; that the color of his eyes was blue; and that the color of his hair was brown.

On 28 July 1986, the applicant applied to this Board.  On 22 September 1987, a response was made to him that his application was so ambiguous that the correction that he sought could not be determined; that, for this reason, effective relief could not be granted; and that his application was administratively denied without action by the Board.

On 26 February 1987, the applicant submitted another application to this Board requesting “information for outgoing compensation to anyone.”  Also, he indicated that his discharge stated that he had blue eyes when he had brown eyes, and that the color of his hair was wrong.  It was forwarded to the Board from the U.S. Army Reserve Personnel 
Center (ARPERCEN) as a duplicate application.  Unfortunately, no action was taken on this application, and it was filed in his military records.

With this application, the applicant submitted copies of his DD Forms 214 and an illegible copy of his birth certificate. On 7 June 1995, the ARPERCEN requested that he send a certified, legible copy of his birth certificate, which he sent on 21 June 1995.  However, his birth certificate does not show the color of the applicant’s eyes or hair.

Army Regulation 635-209, then in effect, provided that individuals would be discharged by reason of unsuitability, with an honorable or general discharge as warranted by the individual’s military record.  Such discharge would be effected when it had been determined that an individual was unsuitable for further military service.  Paragraph 3b (character and behavior disorders) pertained to those persons with character and behavior disorders, disorders of intelligence, and transient personality disorders due to acute or special stress . . . Paragraph 3c (apathy (lack of appropriate interest), defective attitudes, and inability to expend effort constructively) indicated that, while lack of appropriate interest or other defective attitudes could be manifested in conjunction with physical defects or mental or organic diseases, including psychoneurosis, such traits were not necessarily produced by the physical defects or disease process.  On the other hand, individuals considered for elimination could attempt to excuse immature, inadequate, and ill-disciplined behavior on the basis of minor or nondisabling illnesses.

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 the absence of evidence to the contrary, it is presumed that the applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record.

2.  The Board notes that the applicant declined counsel, waived his right to a hearing before a board of officers, and did not submit a statement in his own behalf.

3.  Based on the available documentation, the Board concludes that the applicant’s eyes are brown.  Therefore, the Commander, ARPERCEN, will be requested to take appropriate administrative action to correct the applicant’s DD Form 214 for the period ending on 10 May 1962 to show the color of his eyes as brown.

4.  The Board cannot determine, with certainty, the color of the applicant’s hair.  Although his DD Form 214 for the period ending on 29 September 1960 showed the color of his hair as black, the applicant declared on his enlistment document of 30 September 1960 that his hair was brown.  Also, the DD Form 553 indicated that his hair was brown.  Further, his birth certificate does not show the color of his hair as he contended.

5.  In view of the foregoing, there is no basis for granting the applicant’s requests to upgrade his discharge or change the color of his hair on the DD Form 214 for the period ending on 10 May 1962.

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

NOTE:  The Commander, ARPERCEN, will be requested to take appropriate administrative action to correct the color of the applicant’s eyes to brown on his DD Form 214 for the period ending on 10 May 1962.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director