| Ms. | June Hajjar | Chairperson | |
| Mr. | Raymond V. O’Connor Jr. | Member | |
| Ms. | Shirley L. Powell | Member |
| Mr. | Loren G. Harrell | Director | |
| Mr. | Joseph A. Adriance | Analyst |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded.
APPLICANT STATES: In effect, that at the time of his discharge he was given the opportunity to make up his 16 months bad time which he was unable to do because his wife was pregnant; that he was told when he was discharged that the only benefits he would loose were a tombstone and unemployment; and that he was told he could get his discharge upgraded to honorable after 6 months.
EVIDENCE OF RECORD: The applicant's military records show:
On 16 January 1961 the applicant entered the Regular Army for 3 years at the age of 17.
The applicant’s record documents no individual acts of valor, achievement or service warranting special recognition, and indicates the highest grade held by the applicant while on active duty was private/E-2. However, the record does contain an extensive record of disciplinary infractions including one trial by summary court-martial and three trials by special court-martial.
On 22 May 1961 the applicant was tried by summary court-martial for violation of Article 86 for being AWOL from 8 to 16 May 1961. He was found guilty and sentenced to forfeit $55.00.
On 25 August 1961 the applicant was tried by special court-martial for two specifications of violation of Article 86 for AWOL. The first specification was for a period of AWOL from 26 Jun to 17 July 1961; the second specification was for being AWOL from 23 to 28 July 1961. The applicant was found guilty and sentenced to confinement at hard labor for 4 months; forfeiture of $50.00 per month for 4 months; and reduction to the rank of private/E-1.
On 29 March 1962 the applicant was again tried by special court-martial for violation of Article 86 for being AWOL from 5 to 18 March 1962. He was found guilty and sentenced to confinement at hard labor for 6 months; forfeiture of $55.00 per month for 6 months; and reduction to the rank of private/E-1.
On 5 April 1963 the applicant underwent his last trial by special court-martial for violation of Article 86 for being AWOL from 11 January to 19 March 1963. He was found guilty and sentenced to confinement at hard labor for 6 months; forfeiture of $70.00 per month for 6 months; and to be reduced to the lowest enlisted grade.
On 22 July 1963 the applicant’s unit commander notified the applicant of his intent to initiate elimination action, under the provisions of AR 635-208 for unfitness. The commander cited the reasons for the action as the applicant’s continued absence without leave and complete disregard for his moral obligation to his country.
The applicant , after being advised of his rights and the basis for the contemplated elimination action, elected to waive his right to have his case heard by a board of officers; to waive his right to counsel, and he elected not to submit a statement in his own behalf.
On 13 August 1963 the appropriate authority approved the separation action and directed the applicant be discharged with a UD. Accordingly, on 21 August 1963 the applicant was discharged after completing 1 year, 3 months, and 19 days of active military service, and accruing 472 days of time lost due to AWOL and confinement.
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
Army Regulation 635-208, then in effect, provided in pertinent part the policies, procedures, and guidance for the prompt elimination of enlisted personnel who were determined to be unfit for further military service. Individuals discharged under this regulation would normally be issued a UD.
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. The Board concluded the applicant’s contentions, that he was not fully advised of the loss of benefits and that he did not understand the ramifications of his discharge were unfounded. The evidence of record clearly shows 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 VA benefits. He was afforded the opportunity to submit statements in his own behalf, but he declined to do so. Additionally, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits and changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. The Defense Discharge Review Standards specifically state that no factors should be established that require automatic change or denial of a change in discharge.
2. The Board noted the applicant’s contention that he was unable to complete his military commitment because his wife was pregnant; however, determined that this factor was not sufficiently mitigating to warrant an upgrade of his discharge.
3. The discharge proceedings were conducted in accordance with law and regulation applicable at the time. The reason for and the character of the discharge are commensurate with the applicant's overall record of military service.
4. 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.
5. 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
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