| Mr. Carl W. S. Chun | Director | |
| Ms. P. A. Castle | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Thomas Baxter | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to general under honorable conditions.
APPLICANT STATES: If possible he would like the Board to change his discharge to general. In effect, he states he is 57 years old and what he did at age 17 has been over 40 years ago.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant contends that his behavior while in the Army was mitigated by youth and that it happened 40 years ago.
The applicant enlisted for three years at the age of 17 and entered active duty on 30 November 1960. He was assigned to Fort Jackson, SC for basic combat training and upon completion continued to advanced individual training on 20 February 1961.
On 9 March 1961 the applicant was discovered absent without leave (AWOL). On 13 March 1961 the applicant was returned to military control at St Petersburg, Florida. On 5 April 1961 the applicant was charged as a juvenile offender of stealing a motor vehicle and transporting it across state lines. On 13 April 1961 the United States District Court of Florida found the applicant guilty and committed him to the Federal Correctional Institute in Ashland, Kentucky until age 21 or otherwise discharged by law.
Upon receipt of information that the applicant had been convicted by a civil court, and had signed a statement that he would not appeal the conviction, the commander recommended discharge under the provisions of Army Regulation (AR) 635-206, because of civil conviction. The applicant was administratively discharged in absentia on 16 May 1961 with 3 months and 7 days service and 68 days AWOL.
AR 635-206, then in effect, provided, in pertinent part, that an enlisted member who was convicted by a civilian court of an offense for which the authorized punishment under the UCMJ included confinement of 1 year or more was to be considered for elimination. The requirement for a board of officers could be waived by the separation authority provided the individual concerned was physically in civil custody at the time. When such separation was warranted an undesirable discharge was 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. Youth alone does nothing to show injustice or error when there is no evidence to suggest that he was so immature he could not tell right from wrong nor adhere to the right.
2. The passage of time, forty years, does nothing to demonstrate an inequity or error in the applicant’s discharge.
3. 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.
4. 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
__tb ____ __jm____ ___jh ___ DENY APPLICATION
| CASE ID | AR2001055713 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/08/16 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1961/05/16 |
| DISCHARGE AUTHORITY | AR635-206 |
| DISCHARGE REASON | Civil conviction |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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