| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Thomas F. Baxter | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that the reason and authority for his discharge be corrected to something more favorable. He also requests that his reenlistment eligibility (RE) code be corrected to a code which would allow him to reenter the military.
APPLICANT STATES: In effect, when he asked his commander to be excused from a scheduled field exercise so he could be with his wife when she delivered their baby, the applicant’s concern for his wife was not important to his commander.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 22 August 1978 and was stationed in an armor unit in Europe.
On 16 September 1979 the applicant accepted nonjudicial punishment (NJP) for being AWOL from 19 to 21 August 1979. His punishment consisted of a forfeiture of $150.00 a month for 2 months, 45 days of extra duty, 45 days of restriction, and a suspended reduction from pay grade E-2 to E-1.
On 10 April 1980 the applicant accepted NJP for possession of marijuana. His punishment consisted of a reduction from pay grade E-3 to E-2, a forfeiture of $200.00 a month for 2 months, 45 days of extra duty and 45 days of restriction.
On 17 June 1982 the applicant’s commander notified him of his intent to recommend his separation due to unsatisfactory performance and of his rights in conjunction with that recommendation. The applicant elected not to submit any matters in his own behalf.
On 15 July 1982 the applicant’s commander initiated action to bar him from reenlistment. In that recommendation his commander stated that the applicant
“ . . . is a poor soldier and a marginal performer. He requires an unjustifiable amount of direct supervision. He has to be watched constantly and is a detriment to his section and this company. Both his attitude and duty performance are below standards. He has no potential in the US Army and should not be afforded the opportunity to reenlist." The applicant indicated on the bar that he was submitting matters in his own behalf. However, there is no record of what, if anything, he submitted.
On 30 December 1982 the applicant accepted NJP for his failure to go to his appointed place of duty. His punishment consisted of a reduction from pay grade E-4 to pay grade E-3 and 14 days of extra duty.
On 9 February 1983 the applicant was given a separation physical examination and a mental status evaluation and determined to be medically qualified to be separated. However, the applicant stated during his examination that he was experiencing mental stress because his wife had a baby three weeks prior to the examination, he had been given NJP, and he was pending involuntary separation.
On 25 February 1983 the applicant was given a general discharge for unsatisfactory performance under the provisions of Army Regulation 635-200, chapter 13. He was assigned reenlistment codes of RE-3, RE-3B, and RE-3C. His DD Form 214 shows he completed 4 years, 5 months and 28 days of creditable service and had 6 days of lost time.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant has a record of disciplinary problems spanning from September 1979 to December 1982. As such, the applicant’s desire to be with his wife when she gave birth to their child, a childbirth that occurred shortly before his discharge, cannot be used as an excuse for his prior disciplinary problems.
2. The applicant’s record of disciplinary problems is certainly sufficient to warrant his separation due to unsatisfactory performance. There is no evidence or indication that any of the applicant’s rights were violated in the discharge process.
3. 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
__jh_____ ___tfb ___ ____jtm _ DENY APPLICATION
| CASE ID | AR2001054056 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010816 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001053970C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: The available record does not contain any evidence that indicates the applicant requested a waiver to reenlist due to having a NJP in his record and that he was denied.
ARMY | BCMR | CY2003 | 2003085613C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. It is issued to soldiers whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.
ARMY | BCMR | CY2003 | 2003086128C070212
He was separated with a UD. The available evidence does not show the applicant has ever applied to the Army Discharge Review Board for an upgrade of his discharge. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2003086128SUFFIXRECONDATE BOARDED20031104TYPE OF DISCHARGE(UD)DATE OF DISCHARGE19750826DISCHARGE AUTHORITYAR635-200, Chap 13DISCHARGE REASONA51.00BOARD DECISION(DENY)REVIEW AUTHORITYISSUES 1.144.50002.3.4.5.6.
ARMY | BCMR | CY2006 | 20060009131C070205
Jeffrey Redmann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant was discharged on 12 January 1983 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. The applicant’s service record shows he received nonjudicial punishment under Article 15 on five separate occasions and a bar to reenlistment.
ARMY | BCMR | CY2001 | 2001063346C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The convening authority approved the sentence on 29 April 1983; however, he set aside the portion of the sentence pertaining to the forfeiture of pay on 9 May 1983. On 17 October 1983, the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-200, chapter 14, for misconduct, based on his disciplinary record.
ARMY | BCMR | CY2005 | AR20050013537C070206
William Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 3 March 1982, the applicant’s commander initiated action to bar the applicant from reenlistment. The commander also initiated action to separate the applicant from the service under the provisions of Army Regulation 635-200, chapter 14, for misconduct based on his established pattern of showing dishonorable failure to pay his just debts.
ARMY | BCMR | CY2013 | 20130013361
On 11 January 1984, the applicant's troop commander notified him he had recommended his separation under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. On 12 January 1984, his troop commander recommended his separation for unsatisfactory performance under the provisions of Army Regulation 635-200, chapter 13. The record shows he was later assigned to L Troop, 3rd Squadron, 3rd ACR, where he continued to perform in an unsatisfactory manner.
ARMY | BCMR | CY2004 | 20040006325C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 June 2005 DOCKET NUMBER: AR20040006325 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was separated on 30 June 1982, under the provisions of chapter 13, Army Regulation 635-200, for unsuitability, with a GD. ...
ARMY | BCMR | CY2002 | 2002082576C070215
The commanding officer stated that the applicant indicated a desire to be separated from the Army at the earliest opportunity and that he was in the process of being discharged under the provisions of Army Regulation 635-200, chapter 9, based on alcohol or other drug abuse. Although the applicant's commander directed that he be furnished a General Discharge Certificate, his recommendation for discharge was motivated by the applicant’s conduct related to alcohol or drug abuse. However, he...
ARMY | BCMR | CY2002 | 2002074414C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 22 October 1982, the applicant’s commander directed that his advancement to the pay grade of E-3 be blocked because the applicant’s duty performance did not warrant advancement consideration at that time. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s...