| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Sherri V. Ward | Chairperson | |
| Mr. George D. Paxson | Member | |
| Mr. James E. Anderholm | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to honorable.
APPLICANT STATES: That his discharge is punitive in nature and was not ordered by a court-martial.
EVIDENCE OF RECORD: The applicant's military records show that he enlisted on 12 June 1961 for a period of 3 years. He successfully completed basic and advanced individual training and was transferred to Fort Bragg, North Carolina, for duty as a light weapons infantryman.
On 13 February 1962 the applicant was convicted by a special court-martial of being AWOL from 5 January 1962 to 18 January 1962. He was sentenced to be confined at hard labor for 1 month, reduced to Private E-1 and to forfeit $55 per month for 6 months.
The convening authority approved only so much of the sentence as provided for confinement at hard labor without confinement for 45 days, reduction to Private E-1 and forfeiture of $55 per month for 6 months.
On 30 March 1962 the applicant was convicted by a special court-martial of stealing personal property from a fellow soldier (total value of about $166). He was sentenced to be confined at hard labor for 6 months, forfeiture of $55 pay per month for 6 months and to be reduced to Private E-1. The convening authority approved the sentence on 10 April 1962.
The unexecuted portion of the sentence to forfeiture of $55 pay per month for
6 months was remitted effective 30 April 1962.
The facts and circumstances surrounding the applicant’s discharge are not present in the available records. However, his records indicate that on 10 May 1962 he was discharged under other than honorable conditions under the provisions of Army Regulation 635-208 for unfitness due to frequent incidents of a discreditable nature with civil or military authorities. He had served 9 months and 22 days of total active service and had 39 days lost time due to AWOL and confinement.
The Army Discharge Review Board denied the applicant’s requests for a discharge upgrade on 15 February 1973 and on 21 September 1981.
Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness. Section II of the regulation provided, in pertinent part, for the separation of personnel for frequent involvement in incidents of a discreditable nature with civil or military authorities. An undesirable discharge was normally considered appropriate.
The 1995 Edition of the Manual for Courts-Martial provides in Rule 1003 (Punishments) that a court-martial may not adjudge an administrative separation from the service. Rule 1003 also provides, in pertinent part, that there are three types of punitive separation, a dismissal, a dishonorable discharge and a bad conduct discharge.
Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:
1. The Board considered the applicant’s contention that his discharge is punitive in nature. However, the applicant’s discharge is an administrative separation, not a punitive separation.
2. The applicant’s contention that his discharge was not ordered by a court-martial is valid. In accordance with the 1995 Edition of the Manual for Courts-Martial, a court-martial may not adjudge an administrative separation.
3. In the absence of evidence to the contrary, it must be presumed that the applicant’s separation under the provisions of Army Regulation 635-208 was administratively correct and in conformance with applicable regulations.
4. The type of discharge directed and the reasons for separation appear to be appropriate.
5. The Board reviewed the applicant’s available record of service which included two special court-martial convictions and 39 days of lost time and determined that his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel. Therefore, the applicant is not entitled to an honorable discharge.
6. The applicant failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and should be upgraded.
7. 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.
8. 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
SVW___ GDP_____ JEA_____ DENY APPLICATION
| CASE ID | AR2001054110 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010410 |
| TYPE OF DISCHARGE | (UOTHC) |
| DATE OF DISCHARGE | 19620510 |
| DISCHARGE AUTHORITY | AR 635-208 |
| DISCHARGE REASON | Unfitness due to frequent incidents of a discreditable nature with civil or military authorities. |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | 20070000693
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 June 2007 DOCKET NUMBER: AR20070000693 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. On 12 June 1963, the separation authority approved the recommendation for separation and directed that he be issued an undesirable discharge. Since the applicants record of service included seven nonjudicial...
ARMY | BCMR | CY2005 | 20050003773C070206
On 27 November 1963, the separation authority approved the recommendation for separation under the provisions of Army Regulation 635- 208 for unfitness and directed that the applicant be issued an undesirable discharge. On 29 November 1963, the applicant was discharged with an undesirable discharge and a characterization of service as under other than honorable conditions under the provisions of Army Regulation 635-208 for unfitness due to frequent involvement in incidents of a...
ARMY | BCMR | CY2001 | 2001056270C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: There is no evidence in the available records to show 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.
ARMY | BCMR | CY2009 | 20090013382
The applicant was psychiatrically cleared for separation from the service under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Unfitness). There is no evidence of record which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations. The applicant's service record shows he received three Article 15's, two special courts-martial, and one summary court-martial.
ARMY | BCMR | CY2002 | 2002076587C070215
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board reviewed the applicant's record of service which included four nonjudicial punishments, one special court-martial conviction, one summary court-martial conviction and 38 days lost.
ARMY | BCMR | CY2004 | 2004101950C070208
On 5 January 1962, the applicant's commander recommended that the applicant be separated from the service under the provisions of Army Regulation (AR) 635-208 and furnished an undesirable discharge. The appropriate authority, a major general, approved the recommendation for the applicant's discharge on 6 February 1962 and directed that he be furnished an Undesirable Discharge Certificate. The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 13...
ARMY | BCMR | CY2001 | 2001062387C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. On 17 September 1963, the applicant withdrew his request to appear before a Board of Officers and waived all of his rights to a hearing before a Board of Officers. The Board also determined that his record of service which included four Article 15’s, four summary court-martial convictions, one special court-martial conviction and...
ARMY | BCMR | CY2013 | 20130000869
The applicant requests an upgrade of his undesirable discharge to honorable. There is no evidence that shows the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2009 | 20090018844
On 9 April 1962, the convening authority approved only so much of the sentence as provided for forfeiture of $25.00 and restriction for 14 days. On 2 July 1963, the separation authority approved the recommendation and directed that the applicant be discharged with an undesirable discharge. Since the applicants record of service included one nonjudicial punishment, four summary court-martial convictions, and 48 days of lost time, his record of service was not satisfactory and did not meet...
ARMY | BCMR | CY2002 | 2002073058C070403
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. EVIDENCE OF RECORD : The...