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ARMY | BCMR | CY1997 | 9709717
Original file (9709717.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to a general discharge and that his “good” service time be shown on his discharge papers.
APPLICANT STATES : In effect, that when he went home on his leaves, he started drinking and running with old friends and went absent without leave (AWOL). He has been sober since 1987 and he goes to Alcoholics Anonymous. If it is at all possible to grant him a general discharge, he would appreciate it.

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

He was born on 4 February 1937. He completed 8 years of formal education. On 4 March 1954 he enlisted in the Regular Army for 3 years. He completed basic combat training and was awarded Military Occupational Specialty 111.000 (Light Weapons Infantryman).

On 5 November 1954, the applicant was convicted by a special court-martial (SPCM) of being AWOL from 15 September to 19 October 1954. He was sentenced to confinement at hard labor for 3 months and to forfeit $55 pay for 3 months.

On 26 July 1955, the applicant was convicted by SPCM of being AWOL 2 February to 16 June 1955. He was sentenced to confinement at hard labor for 6 months and to forfeit $55 pay for 6 months.

On 26 September 1955, the applicant was psychiatrically evaluated. No psychiatric disease was found. He was found to be mentally responsible and able to distinguish right from wrong and to adhere to the right.

On 6 October 1955, the applicant appeared before a board of officers considering him for elimination from the service. The applicant made no statement to the board. The board recommended him for elimination for unfitness and to receive an undesirable discharge.

On 17 October 1955, the appropriate authority approved the recommendation and directed the applicant receive an undesirable discharge.

On 19 October 1955, the applicant completed a separation physical and was found qualified for separation.

On 20 October 1955, the applicant was discharged in the pay grade of E-1 under the provisions of Army Regulation 615-638 for unfitness - traits of character rendering retention in the Service undesirable. He had completed 7 months and 4 days of creditable active service and had 378 days of lost time.

Army Regulation 615-638, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness or unsuitability. It established procedures for separating members who demonstrated they were totally unfit or unsuitable for further retention by giving evidence of habits or traits of character manifested by antisocial or amoral trends, chronic alcoholism, criminalism, drug addiction, pathological lying, homosexuality, sexual perversion or misconduct; unclean habits, including repeated venereal infections; repeatedly committed petty offenses not warranting trial by court martial; and habitual shirking, and for whom rehabilitation was considered impossible. When discharge was for unfitness, an Undesirable Discharge Certificate would be furnished.

There is no evidence the Army Discharge Review Board (ADRB) ever reviewed the applicant’s discharge.

 DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, 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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3. The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

4. The applicant’s request that his “good” service be indicated on his discharge papers is not an issue. DD Form 214, Report of Separation from the Armed Forces of the United States, blocks 22A, B and C and blocks 24A, B and C indicate his service of 7 months and 4 days for pay purposes

5. While the Board has taken cognizance of the applicant’s commendable efforts in overcoming his alcoholism problems, this factor does not warrant the relief requested.

6. 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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