| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Hubert O. Fry, Jr. | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to a general discharge (under honorable conditions).
APPLICANT STATES: In effect, that his father was killed prior to the applicant’s
entering the service, that there were no jobs available at that time, and that he had a mother and five brothers and sisters at home with no one to care for them. He decided to enter the service and began an allotment for support of his mother to care for the family. After two months in service his mother became ill, which left the family with no means of support. He departed absent without leave (AWOL) and returned home and obtained a job to support the family. He states that after his mother’s health improved, he returned to his unit to face the consequences. He informed his unit that he departed AWOL due to hardship and was informed by his command that if he signed his discharge in their presence, he would receive a hardship discharge. He states that he was not aware until 25 June 2001, that he had received an under other than honorable conditions discharge. In support of his application, he submits three character references and a copy of his DD Form 214 (Report of Transfer or Discharge).
EVIDENCE OF RECORD: The applicant's military records show he enlisted on 19 April 1963, as a light weapons infantryman.
He was convicted by two special courts-martial of being AWOL from 20 September to 10 October 1963 (21 days), and from 5 to 13 January 1964
(8 days). His sentences consisted of forfeitures of pay and confinement at hard labor for a total of 10 months.
The applicant underwent a separation medical examination on 4 February 1964, and was found qualified for separation.
The applicant underwent a psychiatric evaluation on 5 February 1964, which diagnosed him as having an inadequate personality, chronic, moderate; manifested by two AWOLs resulting from a negative attitude towards service, inability to tolerate group living or authority, and school failure. The psychiatrist determined that he could distinguish right from wrong, possessed the mental capacity to participate in administrative or judicial proceedings, and that the applicant had no disqualifying mental defects sufficient to warrant disposition through medical channels.
On 6 February 1964, the applicant’s commander submitted a recommendation to separate the applicant from the service under the provisions of Army Regulation 635-208, for unfitness. He cited as the basis for his recommendation the applicant’s frequent incidents of a discreditable nature with military authorities.
After consulting with counsel, the applicant waived consideration of his case by a board of officers, representation by counsel, and elected not to submit a statement in his own behalf. In doing so, he acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if an undesirable discharge (under other than honorable conditions) were issued. The applicant initialed and signed his statement of waiver and retained a copy of his waiver statement.
On 24 February 1964, the appropriate authority approved the recommendation
for discharge and directed that he be furnished an Undesirable Discharge Certificate. The applicant was discharged on 3 March 1964. He had a total
of 6 months, and 2 days of creditable service and had 135 days of lost time due to AWOL and confinement.
There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
Army Regulation 635-208, then in effect, set forth the policy for administrative separation for unfitness (misconduct). Action to separate an individual was to be taken when, in the judgement of the commander, it was clearly established that rehabilitation was impractical or was unlikely to produce a satisfactory soldier. When separation for unfitness was warranted, an undesirable discharge was normally issued.
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 he was unaware that his discharge was undesirable (under other than honorable conditions) and assumed that he had received a hardship discharge. However, the evidence of record shows that he initialed and signed his statement of waiver and retained a copy of this waiver.
2. The applicant’s administrative separation was accomplished in compliance with applicable regulations, with no indication of procedural errors, which would tend to jeopardize his rights.
3. The type of separation directed and the reasons for that separation were appropriate considering all of the available facts of the case.
4. 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.
5. 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
_inw____ __dph___ _hof____ DENY APPLICATION
| CASE ID | AR2001061040 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020115 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19630303 |
| DISCHARGE AUTHORITY | AR 635-208 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090016811
IN THE CASE OF: BOARD DATE: 23 March 2010 DOCKET NUMBER: AR20090016811 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his discharge from undesirable to general under honorable conditions.
ARMY | BCMR | CY2002 | 2002075923C070403
APPLICANT STATES : In effect, that about 1 year after he enlisted in the Army, he started receiving letters and phone calls from his brothers, his sisters and from the family minister regarding his father and mother’s conditions at home. After being AWOL for about 4 months, he realized that things were getting better and decided to turn himself in. There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.
ARMY | BCMR | CY2010 | 20100021019
The applicant requests an upgrade of his undesirable discharge (UD) to an honorable discharge. Accordingly, he was discharged on 29 April 1965 in pay grade E-1 under the provisions of Army Regulation 635-208 with a UD. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2006 | 20060000348C070205
The applicant requests that his records be corrected by upgrading his discharge to honorable, and by changing the reason for his discharge, his Reentry (RE) Code, and his Separation Designator Number (SPN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness. He received the appropriate RE code associated with his discharge.
ARMY | BCMR | CY2004 | 20040000526C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. He related that he did not see his father again until he was 11 years old. Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness.
ARMY | BCMR | CY2012 | 20120021398
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2009 | 20090000997
The applicant requests his undesirable discharge (UD) be upgraded to an honorable discharge (HD). The applicant was a habitual AWOL, which was the reason for his discharge. His quality of service was not good enough to warrant anything other than the UD he received.
ARMY | BCMR | CY2002 | 2002077093C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The interviewing officer went on to state that the applicant had the intelligence to be rehabilitated; however, he believed that in view of his desire to get out of the Army, the applicant was not properly motivated for completing his service obligation. There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an...
ARMY | BCMR | CY2002 | 2002078227C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. As supporting evidence, he provides his two DD Forms 214 (Armed Forces of the Untied States Report of Transfer or Discharge); his Honorable Discharge Certificate, dated 30 May 1963; his notice of an Undesirable Discharge; his Undesirable Discharge Certificate, dated 11 June 1964; and seven character witness statements. A general discharge is a separation from the Army...
ARMY | BCMR | CY2010 | 20100011299
The entire evaluation was not in records available to the Board, but the second page of the evaluation recommended that the applicant receive a hardship discharge if all requirements were met or, if not applicable, that he be administratively separated under the provisions of Army Regulation 635-209 (Personnel Separations - Discharge - Unsuitability). Army Regulation 635-200 (Personnel Separations), paragraph 3-7b, provides that a general discharge is a separation from the Army under...