| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That his undesirable discharge (UD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: The applicant makes no contentions.
EVIDENCE OF RECORD: The applicant's military records show:
That on 9 October 1967, he enlisted in the Regular Army for a period of 3 years. He completed the required training at Fort Polk, Louisiana, and he was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic). While assigned to Fort Polk, he received orders that stated he was to report to Fort Benning, Georgia, not later than 27 February 1968.
On 9 February 1968, the applicant departed Fort Polk in a casual leave status and he arrived at Fort Benning on 29 February 1968, 2 days after he was due to report. On 12 March 1968, he left his unit absent without leave (AWOL). On 14 March 1968, civil authorities in Amarillo, Texas, arrested the applicant for transportation of a stolen vehicle. All of the facts surrounding this offense are not available; however, on 13 May 1968, civil authorities "placed him on probation without supervision while in the military." On 22 May 1968, he returned to military control at the Special Processing Detachment (SPD), Fort Carson, Colorado. His record also reflects that he had lost time from 25-28 May 1968. He was in pretrial confinement at Fort Carson from 29 May 1968-23 July 1968. On 24 July 1968, he escaped.
The record does not reflect when or how the applicant returned to military control, but, on 11 September 1968, he was convicted by a special court-martial of escaping from lawful confinement. His sentence included confinement at hard labor for 6 months and forfeiture of $73.00 pay per month for 6 months. He was in confinement from 25 July 1968-23 September 1968.
The applicant was AWOL from 27-30 October 1968 and he was in pretrial confinement from 31 October-12 December 1968. On 13 December 1968, he was convicted by a special court-martial of being AWOL from 27-30 October 1968. His sentence included confinement at hard labor for 3 months and forfeiture of $73.00 pay per month for 3 months. He remained in military confinement from 13 December 1968-26 February 1969.
The applicant's records do not contain all of the facts and circumstances surrounding the discharge process. However, his record contains a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was prepared at the time of separation and authenticated by the applicant. His DD Form 214 shows that on 27 February 1969, he was discharged under the provisions of Army Regulation 635-212, for unfitness, due to frequent involvement in incidents of a discreditable nature with civil or military authorities and issued a UD. He had completed 6 months and 8 days of active military service and he had 236 days of lost time due to being AWOL and in confinement.
On 24 June 1977, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge under the Department of the Defense Special Discharge Review Program (SDRP).
Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel and provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness. A UD 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 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 available records show that the applicant was discharged for unfitness under the provisions of Army Regulation 635-212, due to frequent involvement in incidents of a discreditable nature with a UD. Some of the facts and circumstances surrounding the discharge process are missing, however, the Board presumes regularity in the discharge process. The applicant has provided no information that would indicate the contrary.
3. The applicant's conduct was inconsistent with the Army’s standards for acceptable personal conduct and the overall quality of his service does not warrant an upgrade of his discharge.
4. 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
__KAK___ __MDM_ ___TL ___ DENY APPLICATION
| CASE ID | AR2001062807 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020423 |
| TYPE OF DISCHARGE | (UD) |
| DATE OF DISCHARGE | 19691009 |
| DISCHARGE AUTHORITY | AR635-212 |
| DISCHARGE REASON | A51.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.5000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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