| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded.
APPLICANT STATES: That he was young and newly married; that he and his wife lost their first child; that his father passed away. He adds that he is now a grown man with 3 children and 5 grandchildren.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 29 September 1944 and enlisted in the Regular Army for 3 years on 28 August 1964. He was assigned to Fort Jackson, South Carolina for Basic Combat Training, but he went AWOL (absent without leave) from 21 September to 29 October 1964 and did not complete the training. He was apprehended by civil authorities, returned to military control, and placed in pre-trial confinement pending trial by court-martial.
The applicant was tried by a special court-martial on 2 December 1964 and convicted of being AWOL for the above period of time. He was sentenced to be confined at hard labor for 2 months and to forfeit $25 per month for 2 months.
The applicant went AWOL again from 11-18 January 1965. Upon his return, he was placed in confinement from 19-27 January 1965. He was released on 28 January 1965 and immediately went AWOL through 2 March 1965. He was again placed in confinement on 3 March 1965. On 12 March 1965, he escaped from confinement and was AWOL through 25 April 1965. On 26 April 1965, he was returned to confinement.
Court-martial charges were preferred against the applicant and he was tried by a special court-martial on 18 May 1965. In accordance with his pleas of guilty, he was found guilty of AWOL and escape from confinement and sentenced to confinement at hard labor for 6 months and forfeiture of $25 per month for 6 months.
On 10 May 1965, the applicant underwent a mental status evaluation. He related that he went AWOL because of "domestic problems" and would continue to go AWOL, as he was not motivated to return to duty. He was found to be free of mental disease or defects, but diagnosed with an emotional instability reaction manifested by excitability and ineffectiveness when confronted with stress. The Chief of Mental Hygiene recommended that the applicant be administratively separated.
On 18 May 1965, the applicant was notified that he was being recommended for separation with a UD for unfitness under the provisions of Army Regulation 635-208. He acknowledged notification and waived all of his rights. He did not submit a statement in his own behalf. On or about 24 May 1965, the approving authority approved the applicant's separation and directed issuance of a UD.
The applicant was separated with a UD on 30 June 1965. He had 1 month and 28 days of creditable service and 245 days of lost time due to AWOL and confinement. He was 20 years, 9 months of age at the time of his separation.
Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness. The regulation provided, in pertinent part, that members found to be unfit for further military service, and without rehabilitative potential, would be separated. A UD was normally considered appropriate.
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. 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.
2. The applicant was 1 month shy of his 20th birthday when he enlisted; there is no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.
3. At his mental status evaluation, the applicant did not mention that his wife had miscarried or that his father had passed away. Even if these things had occurred, the applicant had many legitimate avenues through which to obtain assistance or relief without committing the misconduct that led to the separation action under review.
4. The applicant is congratulated on his post-service achievements and conduct; however, these accomplishments do not provide the Board a basis upon which to grant relief.
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
__CLA __ __CLG __ __DPH__ DENY APPLICATION
| CASE ID | AR2001055610 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010911 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19650630 |
| DISCHARGE AUTHORITY | AR 635-212 |
| DISCHARGE REASON | A50.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | DIRECTOR |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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