| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Jose A. Martinez | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to an honorable discharge.
APPLICANT STATES: That at the time of discharge, he did not have a court- martial and he wanted to remain in the service. He was absent without leave (AWOL) but that was all. He did serve in the Airborne as a volunteer and was on hazardous duty status. He was hospitalized in basic training with pneumonia and still has chest problems.
EVIDENCE OF RECORD: The applicant's military records show:
That he enlisted in the Regular Army on 18 October 1963, for a 3 year term of service. After completing basic training and Airborne training, he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 325th Infantry, at Fort Bragg, North Carolina, on 11 April 1964, as a heavy weapons infantryman. He was advanced to private first class (PFC) on 15 July 1964.
On 1 December 1964, he was honorably discharged to reenlist.
He reenlisted on 2 December 1964, for a 3 year term of service. He was reassigned to HHC, 1st Battalion, 22nd Infantry, at Fort Lewis, on 5 February 1965, as a heavy weapons infantryman.
The applicant was AWOL from 4-7 February 1965, for which he was punished under Article 15, Uniform Code of Military Justice (UCMJ), by reduction to private, pay grade E-2, and forfeiture of $15. He was again AWOL from
12-14 February 1965, for which he was punished under Article 15, UCMJ, by forfeiture of $10 and 14 days restriction and extra duties. He was again AWOL from 17 April 1965 to 11 May 1965, and declared a deserter. On 9 June 1965, he was convicted for the AWOL by a special court-martial that sentenced him to confinement for 3 months, forfeiture of $165, and reduction to private, pay grade E-1. He was confined in the Fort Lewis Stockade. On 22 June 1965, the confinement was suspended and the applicant was returned to duty. On 28 June 1965, the applicant was again AWOL through 12 July 1965. His confinement suspension was vacated on 14 July 1965, and the remainder of the 3 month confinement was imposed. On 18 August 1965, he was convicted for the
28 June 1965 through 12 July 1965 AWOL by a special court-martial that sentenced him to confinement for 6 months and forfeiture of $450. He was confined in the Fort Lewis Stockade.
On 20 September 1965, the applicant was discharged in the pay grade E-1, under other than honorable conditions as a result of board action under the authority of Army Regulation 635-208, separation program designator 28B, unfitness-frequent involvement of a discreditable nature with civil or military authorities. For his second enlistment, he was credited with 3 months and
27 days service and 172 days lost.
Army Regulation 635-208 (Personnel Separations, Discharge, Unfitness), in effect at the time of the applicant’s discharge, authorized discharge for frequent incidents of a discreditable nature with civil or military authorities. Paragraph 16 directs an undesirable discharge (under other than honorable conditions) for unfitness.
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 applicant’s undesirable discharge under other than honorable conditions for unfitness – frequent incidents of a discreditable nature with civil or military authorities, was correct and just under the circumstances of being AWOL on
five different occasions totaling 73 days, desertion, two Article 15 punishments, two convictions by special court-martials, and two confinements between
4 February 1965 and 20 September 1965. There is no evidence of any error or injustice.
2. 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
__iw___ __jm____ ___tl___ DENY APPLICATION
| CASE ID | AR2001060853 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20012118 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19650920 |
| DISCHARGE AUTHORITY | AR 635-208 |
| DISCHARGE REASON | Unfitness-frequent involvement of discreditable nature with military authorities |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110 – Discharge Documents |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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