| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: That his General Discharge (GD) be upgraded to an Honorable Discharge (HD).
APPLICANT STATES: That he served in good faith and deserves an HD. He provides no supporting documentation.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 22 July 1969. Trained as a radio operator, he was sent to Germany.
He received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on two occasions. On 30 June 1970, he was AWOL (absent without leave) for 2 days. As punishment, he forfeited $20 pay for 1 month. On 4 August 1970, he was disrespectful in language towards his platoon sergeant. As punishment, he received a suspended reduction to private/E-2, forfeiture of $50 pay for 1 month, and 30 days' restriction and extra duty.
The applicant's record indicates numerous counselings for his shortcomings by his chain of command, as well as changes in duty assignment in order to afford him the opportunity for rehabilitation under different leaders.
On 2 November 1970, the applicant's commander initiated action to separate him for unsuitability under the provisions of Army Regulation (AR) 635-212. The applicant consulted with counsel on 4 November 1970 and was advised of the basis for the contemplated action. He waived all of his rights and elected not to make a statement. He was given a physical examination and a mental status evaluation and found to be fit for duty. Further rehabilitative efforts were waived and, on 9 November 1970, the approving authority approved the applicant's separation with a GD.
The applicant was separated with a GD on 12 November 1970. He had 1 year, 3 months, and 21 days of creditable service.
Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel who were found to be unfit or unsuitable for military service. The regulation further provided, in pertinent part, that service members discharged for unfitness would be furnished an undesirable discharge, unless circumstances warranted a general or honorable discharge. Service members discharged for unsuitability would be furnished an honorable or general discharge.
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’s discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service as evidenced by his record of NJPs and counselings.
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
__CLA __ ___AAO _ __HBO__ DENY APPLICATION
| CASE ID | AR2001059741 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011030 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 19701112 |
| DISCHARGE AUTHORITY | AR 635-212 |
| DISCHARGE REASON | A40.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | DIRECTOR |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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