| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Curtis L. Greenway | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to an honorable discharge.
APPLICANT STATES: In effect, that the type of discharge that he received was too harsh considering the nature of his offenses.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted into the Army on 8 December 1965 and he successfully completed his training as a lineman. On 3 April 1966, he was promoted to the pay grade of E-2.
Nonjudicial punishment (NJP) was imposed against the applicant on 11 June 1966 for being absent without leave (AWOL) from 30 May until 6 June 1966. His punishment consisted of a reduction in pay grade and extra duty.
On 1 October 1966, NJP was imposed against him for breaking two mirrors in the latrine while he was under the influence of alcohol. His punishment consisted of a reduction in pay grade and extra duty.
On 22 November 1966, the applicant was convicted by a civil court of four counts of first degree robbery. He was sentenced to not less than 10 years nor more than 21 years in the Kansas State Industrial Reformatory on each charge, the terms to run concurrently.
A board of officers convened on 12 July 1967, to determine the applicant’s fitness for retention in the Army. The board recommended that he be discharged from the service because of misconduct as a result of his conviction by civil court. The board further recommended that he be issued an Undesirable Discharge Certificate.
The appropriate authority approved the recommendation for discharge on 25 September 1967. Accordingly, on 17 October 1967, the applicant was discharged in absentia under the provisions of Army Regulation 635-206 for misconduct based on his conviction by a civil court. He had completed 11 months and 7 days of total active service and he had 333 days of lost time due to due to AWOL and confinement. He was furnished an Undesirable Discharge Certificate.
On 5 March 1976, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
Army Regulation 635-206, then in effect, outlined the conditions and procedures for the discharge of enlisted personnel for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.
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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.
2. The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.
3. The Board has noted the applicant’s contentions. However, the evidence of records clearly show that the applicant was convicted by a civil court of four counts of first degree robbery. He was sentenced to not less than 10 years nor more than 21 years in prison and considering the nature of his offenses, it does not appear that his undesirable discharge is too severe.
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 this 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
__be____ ___js ___ ___clg___ DENY APPLICATION
| CASE ID | AR2001051378 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/04/17 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19671017 |
| DISCHARGE AUTHORITY | AR 635-206 |
| DISCHARGE REASON | 626 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 627 | 144.6000.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2011 | 20110024917
On 1 July 1975, the appropriate authority approved the recommendation that the applicant be discharged from the service because of conviction by a civil court under the provisions of Army Regulation 635-206 and directed that the applicant be issued an Undesirable Discharge Certificate. Based on the foregoing, there is an insufficient basis to upgrade the applicant's discharge to an honorable discharge or to a general discharge under honorable conditions. _______ _ _x______...
ARMY | BCMR | CY2009 | 20090008623
The applicant's military records show that he was inducted into the Army of the United States on 16 July 1962. The applicant's claim that he was awarded the Purple Heart for being wounded in Vietnam was considered. The evidence of record shows the applicant was convicted of robbery with a firearm in the first degree and sentenced to 5 years of confinement by a civil court.
ARMY | BCMR | CY2011 | 20110021815
He pled guilty and was found guilty of: * being AWOL from on or about 11 December 1968 to on or about 8 January 1969 * being AWOL from on or about 19 January 1969 to on or about 11 March 1969 b. c. An individual discharged for conviction by a civil court normally would be furnished an Undesirable Discharge Certificate, however, an honorable or General Discharge Certificate could be furnished if the individual being discharged had been awarded a personal decoration, or if warranted by the...
ARMY | BCMR | CY2009 | 20090001681
On 14 May 1971, the applicant's intermediate commander recommended approval of the applicant's discharge, with the issuance of an Undesirable Discharge Certificate, and remarked that the applicant's sentence to confinement for not less than 25 years warranted his discharge from the Army. Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct. Army Regulation 635-200, paragraph 3-7b, provides that a general...
ARMY | BCMR | CY2003 | 2003087436C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. He was discharged as a result of his conviction by civil authorities for committing the act of forgery on three separate occasions and considering his numerous acts of misconduct,...
ARMY | BCMR | CY2010 | 20100010142
A board of officers convened on 6 March 1970 and found that the applicant was undesirable for further retention in the military service because of his conviction by a civil court and recommended that he be discharged from the service for misconduct (conviction by civil court) with the issuance of an undesirable discharge. There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. ...
ARMY | BCMR | CY2011 | 20110024663
On 17 September 1974, his immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-206 (Personnel Separations Discharge Misconduct (Fraudulent Entry, Conviction by Civil Court, and Absence Without Leave or Desertion)) for a civil conviction. On 22 October 1974, his immediate commander initiated separation action against him under the provisions of Army Regulation 635-206 by reason of civil conviction with an...
ARMY | BCMR | CY2003 | 2003084226C070212
On 12 April 1976, the applicant's commander submitted a request for discharge under the provisions of Army Regulation 635-206, due to conviction by civil authorities. Accordingly, he was discharged under other than honorable conditions under the provisions of Army Regulation 635-206, for misconduct – conviction by civil authorities. There is no indication in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge...
ARMY | BCMR | CY2013 | 20130018038
The applicant requests an upgrade of his undesirable discharge (UD) to an honorable discharge. On 10 December 1968, the applicant's company commander recommended the applicant be discharged under the provisions of Army Regulation 635-206 (Personnel Separations Discharge Misconduct). There is no evidence he applied to the Army Discharge Review Board within its 15-year statute of limitations for an upgrade of his discharge.
ARMY | BCMR | CY2011 | 20110012137
The applicant requests, in effect, upgrade of his under other than honorable conditions discharge to an honorable discharge. On 20 April 1971, the applicant was notified of initiation of separation action under the provisions of Army Regulation 635-206 (Personnel Separations Discharge Misconduct) for conviction by a civil court. Army Regulation 635-206, in effect at that time, set forth the basic authority for the separation of enlisted personnel due to misconduct (fraudulent entry,...