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ARMY | BCMR | CY2001 | 2001061045C070421
Original file (2001061045C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 10 January 2002
         DOCKET NUMBER: AR2001061045

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Ted S. Kanamine Member
Mr. John T. Meixell Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, that his general discharge be upgraded to honorable or that his narrative reason for separation be shown on his General Discharge Certificate.

APPLICANT STATES: The applicant submitted three applications. He states, in effect, that he is trying to secure employment with the U.S. Postal Service and that his application will not be accepted unless his discharge is upgraded or the details of his discharge are stated on his General Discharge Certificate. In support of his applications, he submits a copy of his General Discharge Certificate; a letter, dated 28 August 2001, from a Member of Congress; a letter, dated 11 July 2001, to the President of the United States; and a copy of his resume.

EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources. The applicant’s Certification of Military Service shows that he served on active duty from
6 December 1951 through 13 March 1952.

The available records do not contain a copy of the applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States).

The facts and circumstances surrounding the applicant’s discharge are not present in the available records. However, the applicant’s separation orders show that on 13 March 1952 he was discharged under the provisions of Army Regulation 615-369 and issued a general discharge.

The applicant’s General Discharge Certificate does not show his narrative reason for separation.

Army Regulation 615-369, in effect at the time, set forth the basic authority for the separation of enlisted personnel for inaptitude or unsuitability. The regulation provided that discharge for inaptitude would be effected when it was determined that an individual did not possess the required degree of adaptability for military service after reasonable attempts had been made to reclassify and reassign him in keeping with his abilities and qualifications. This included individuals whose inaptness may be due to lack of general fitness, want of readiness or skill, or unhandiness. The regulation also provided that discharge for unsuitability would be effected when it was determined that an individual was unsuitable for further military service for the following reasons: (1) lack of physical stamina;
(2) character or behavior disorders in schizoid, paranoid, cyclothymic, inadequate or asocial personalities; (3) mental deficiency; (4) apathy, defective attitude, or inability to expend effort constructively; (5) nonpersistent but temporarily disruptive reactions to acute or special stress; or (6) enuresis. The regulation also provided that when discharged because of inaptitude or unsuitability a general discharge will be furnished.

Special Regulations Number 615-360-1 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. This regulation governed the preparation of discharge certificates. The regulation provides no authority to show narrative reasons for separation on the General Discharge Certificate.

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 must be presumed that the applicant’s separation was administratively correct and in conformance with applicable regulations. Accordingly, the type of discharge directed and the reasons for separation appear to be appropriate.

2. The applicant failed to convince the Board through the evidence submitted that his discharge was unjust and should be upgraded.

3. The Board noted the applicant’s request to show his narrative reason for separation on his General Discharge Certificate. However, the governing regulation provides no authority to show narrative reasons for separation on the General Discharge Certificate. Therefore, there is no basis for granting the applicant’s request.

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

FNE____ TSK_____ JTM_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001061045
SUFFIX
RECON
DATE BOARDED 20020110
TYPE OF DISCHARGE (GD)
DATE OF DISCHARGE 19520313
DISCHARGE AUTHORITY AR 615-369
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 110.0200
2.
3.
4.
5.
6.


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