| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Donald P. Hupman | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That his under other than honorable conditions (UOTHC) discharge be upgraded to a general or honorable discharge.
APPLICANT STATES: That he served more than two years and one month of military service. He contends that his service was clean and honorable during his first enlistment and that the punishment was too severe in relation to the standard of a Bad Conduct Discharge. He states that he disobeyed orders from his superiors and he cannot live with this stigma for the rest of his life. He further states that he has paid for his errors from the year 1961 to this present time.
In support of his application, he provides two DD Forms 214 (Report of Transfer or Discharge), three letters and a certificate that are translated in Spanish (since these four documents were translated in Spanish, they were not provided to the Board for consideration).
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was inducted in the Army on 4 January 1961. He completed basic and advanced individual training and was honorably discharged from active duty on 8 June 1961 for immediate reenlistment. He was assigned to Fort Hood, Texas as a rifleman.
On 31 January 1962, the applicant was convicted by a summary court-martial of failing to go to his appointed place of duty. He was sentenced to perform hard labor without confinement for thirty days and to forfeit $25.00. His records contain 50th Infantry Unit Order Number 28, dated 25 October 1962, which shows he was punished under the provisions of Article 15, Uniform Code of Military Justice, for misconduct. He was reduced to the rank of private/pay
grade E-2, effective 25 October 1962.
On 16 February 1963, the applicant was convicted by a special court-martial of being disrespectful in language toward his superior noncommissioned officer. He was sentenced to confinement at hard labor for six months and to forfeit $28.00 pay per month for six months.
The facts and circumstances and the board action surrounding the discharge process are not on file. However, his DD Form 214 indicates that he was discharged on 21 May 1963 under the provisions of Army Regulation 635-208, for unfitness, frequent incidents of a discreditable nature with civil or military authorities with an under other than honorable conditions discharge.
He had 1 year, 8 months and 19 days of creditable service with 84 days of lost time due to confinement. He served 2 years, 1 month and 24 days total active military service.
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
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 incidents of a discreditable nature with civil or military authorities. 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. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.
2. The Board noted the applicant’s contention that his service was clean and honorable during his first enlistment and his punishment was too severe in relation to the standard of a Bad Conduct Discharge. However, his records show that he received an Article 15, a summary court-martial and a special court-martial during his second enlistment.
3. In view of the applicant's numerous acts of indiscipline, it does not appear that his under other than honorable conditions discharge was too severe.
4. The type of discharge directed and the reasons for his separation were appropriate considering all of the facts of the case.
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
RVO____ DPH____ RKS_____ DENY APPLICATION
| CASE ID | AR2001059744 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011016 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19630521 |
| DISCHARGE AUTHORITY | AR635-208 |
| DISCHARGE REASON | Unfitness |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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