| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Thomas F. Baxter | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to honorable. In addition, he requests that his reentry (RE) code of RE-3 be changed to RE-1.
APPLICANT STATES: In effect, that clemency is warranted because it is an injustice for him to continue to suffer the adverse consequences of a bad discharge. He states that his periods of absence without leave (AWOL) and discharge were based on minor incidents. He further states that his ability to serve in the Army was impaired because of family, marital, and child care problems. In support of application he submits copies of his nonjudicial punishment (NJP), a copy of his record of service (DA Form 24), a copy of his enlisted qualification record (DA Form 20), Special Court-Martial Order #26, issued by Headquarters, Fort Lewis Washington, Summary Court-Martial Order #1, issued by Headquarters, Fort Riley, Kansas, and a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
On 13 February 1962, the applicant entered the Army for a period of 3 years. He was awarded military occupational specialty (MOS) 293.10 (Radio Relay Carrier Operator) and the highest rank he attained while serving on active duty was private first class/E-3.
The file shows the applicant accepted NJP on the following occasions: 5 August 1963, for being AWOL for 3 days and for breaking restriction; 24 August 1963, for being AWOL for 1 day; and 13 September 1963, for being AWOL for 1 day.
On 11 October 1963, he was convicted by a summary court-martial of breaking restriction and failure to make a formation. He was sentenced to a forfeiture of $30.00, reduction to pay grade E-1, and 30 days confinement at hard labor (suspended). He was also convicted by a special court-martial on 16 January 1964, for two specifications of AWOL totaling 59 days. He was sentenced to a forfeiture of $28.00 per month for 4 months and 120 days confinement at hard labor.
The applicant was notified by his commander that separation action was being initiated against him under the provisions of chapter 14, Army Regulation
635-208, for undesirable habits and traits of character. The commander stated the basis for taking the separation action was the applicant’s record of NJP, his court-martial convictions, and his complete disregard for military service.
The separation action was approved by the appropriate authority and on 24 July 1964, the applicant was discharged with an undesirable discharge. He was assigned a RE-3 code after having served 2 years, 1 month, and 15 days of active service and having accrued a total of 117 days of lost time.
On 18 April 1973, the Army Discharge Review Board (ADRB) denied a request from the applicant for an upgrade to his discharge after determining that his discharge had been proper and equitable.
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 Regulation 601-210, in effect at the time, covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the United States Army Reserve. Chapter 3 of that regulation prescribed basic eligibility for prior service personnel. That chapter included a list of armed forces RE codes. RE-3B applied to persons who had lost time during their last period of service and who were therefore ineligible for enlistment unless a waiver was granted. RE-1 applied to persons completing their terms of service who were considered fully qualified for reenlistment in the Army.
Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character. Paragraph 2 of the regulation provided for the separation of personnel when there was evidence of an antisocial or amoral trend, chronic alcoholism, drug addiction, pathological lying, or misconduct. An undesirable discharge 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. The Board notes the applicant’s contentions that family, marital, and child care problems impaired his ability to serve and that his AWOL offenses were minor and isolated but finds they are not sufficiently mitigating to warrant relief.
2. The evidence of record shows the applicant’s administrative separation processing was accomplished in accordance with applicable regulations in effect at the time.
3. The RE-3B code the applicant received was properly assigned in compliance with the existing regulatory policy then in effect at the time.
4. The Board is satisfied that the applicant’s discharge and RE-3B code accurately reflected his overall record of service and reenlistment eligibility at the time of his separation.
5. 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.
6. 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 | AR2001058046 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/08/31 |
| TYPE OF DISCHARGE | (UD) |
| DATE OF DISCHARGE | 19640724 |
| DISCHARGE AUTHORITY | AR 635-208 |
| DISCHARGE REASON | UNDESIRABLE TRAITS AND CHARACTER |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1 92.35. | 34.00 |
| 2. 92.31 | |
| 3. 93.07 | |
| 4. | |
| 5. | |
| 6. |
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