APPLICANT REQUESTS: The widow of the former service member (FSM) requests an upgrade of the FSMs discharge.
EVIDENCE OF RECORD: The FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.
He was born on 18 June 1933. On 8 October 1951, he was inducted into the Army of the United States for 2 years. His Armed Forces Qualifications Test score was 21 (Category IV).
In September 1953, while assigned to a unit in Germany, the FSMs record indicates that he received three summary courts-martial, one special court-martial and accepted one nonjudicial punishment for being absent without leave (AWOL). However, particulars are missing from his file.
On 2 December 1953, the FSM was referred for emergency consultation for complaints of excessive nervousness. After being examined the FSM was admitted into the hospital for further evaluation. The FSM was admitted on a closed ward because of his status as a prisoner awaiting trial for going AWOL.
On 11 December 1953, a psychiatric evaluation diagnosed the FSM as having an emotional instability reaction, chronic, severe. However, the FSM had no physical or mental defects sufficient to warrant separation through medical channels. That report also indicated that the applicant was mentally responsible, able to distinguish right from wrong, and adhere to the right. The psychiatrist recommended that the FSM be separated from the military service under the provisions of Army Regulation 615-369 because of unsuitability or under the provisions of Army Regulation 615-368 for unfitness.
On 12 December 1953, the commander notified the FSM that he was being recommended for discharge under the provisions of Army Regulation 615-369, for unsuitability. The commanders recommendation was based on the FSMs misconduct, the psychiatric evaluation and action which indicated that he could not be rehabilitated for productive military service.
On 11 January 1954, the appropriate authority approved the findings and recommendation and directed the issuance of a general discharge. On 11 February 1954, the FSM was discharged in pay grade E-1, under the provisions of Army Regulations 615-369, for unsuitability with a general discharge. He had completed 2 years, 3 months and 3 days of creditable active service and 89 days of lost time.
Army Regulation 615-369, then in effect, set forth the basic authority for separation of enlisted personnel for unsuitability. That regulation provided, in pertinent part, that commanders would separate a member when, in the commanders judgment, it was clearly established that the member would not develop sufficiently to become a satisfactory soldier. When separation for unsuitability a GD was normally considered appropriate.
There is no evidence that the FSM applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
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 discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the FSM's overall record of military service.
3. The type of discharge directed and the reason therefor were appropriate considering all the facts of the case.
4. In view of the foregoing, there is no basis for granting the 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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