| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Ms. Sherri V. Ward | Chairperson | |
| Mr. James E. Anderholm | Member | |
| Mr. George Paxson | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to an honorable discharge.
APPLICANT STATES: That he believes his record is in error or unjust. He also states that his discharge was a racial discrimination act to keep an Afro-American from having any rights, that he had no one to fight for him, and did not know
anything could be done about his discharge. He also states that he is now married with grown children, is a born again Christian, works everyday, pays taxes, votes, and is purchasing a home. In support of his application he submits a copy of his DD Form 214 (Report of Transfer or Discharge), a copy of a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), a letter from his pastor, and a copy of a police report.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he was inducted on 21 February 1956 as a light weapons infantryman.
The facts and circumstances pertaining to the applicant’s discharge are not present in the available records. However, his DD Form 214 shows that on 21 August 1957, he was discharged under the provisions of Army Regulation 635-208, due to habits and traits resulting in misconduct. He was furnished an Undesirable Discharge Certificate. He had a total of 1 year, 6 months and
28 days of creditable service and had 3 days of lost time due to AWOL.
The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 25 July 2000. However, the ADRB was precluded from accepting his application due to its statute of limitations. The Board accepted his application (DD Form 149), dated 6 February 2001.
Army Regulation 635-208, then in effect, set forth the policy for administrative separation for unfitness (misconduct). Paragraph 1c(1) of the regulation provided, in pertinent part, for the separation of personnel where there was evidence of an antisocial or amoral trend, chronic alcoholism, criminalism, drug
addiction, pathological lying, or misconduct. Action to separate an individual was to be taken when, in the judgement of the commander, it was clearly established that rehabilitation was impractical or was unlikely to produce a satisfactory soldier. When separation for unfitness was warranted, an undesirable discharge was normally issued.
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 notes the applicant’s contention; however, there is no evidence in the available records, and the applicant has provided no evidence to show that his undesirable discharge was a racial discrimination act to keep him from having any rights.
2. In the absence of evidence to the contrary, it must be presumed that 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 separation directed and the reasons for that separation were
appropriate considering all of the available facts of the case.
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
__sw___ ___ja__ __gp____ DENY APPLICATION
| CASE ID | AR2001052826 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010410 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19570821 |
| DISCHARGE AUTHORITY | AR 635-208 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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