| Mr. Carl W. S. Chun | Director | |
| Mrs. Joyce A. Hall | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded to an honorable discharge.
APPLICANT STATES: In effect, that he is requesting an upgrade of his discharge so that he can receive medical assistance from the VA Medical Center.
The applicant submits a copy of his criminal record, three character references and a copy of his separation document in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
On 17 May 1963, with parental consent the applicant enlisted in the Regular Army for 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty 63A10 (Auto Maintenance Helper). The highest pay grade he achieved was pay grade E-3.
On 14 July 1964, while assigned to Friedberg, Germany, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for being disrespectful in language to a superior officer. His imposed punishment was a forfeiture of $20.00 pay.
On 24 February 1965, the applicant accepted NJP for missing battery formation and for disobeying a lawful order from a superior noncommissioned officer. His imposed punishment was a reduction to pay grade E-2, 14 days restriction and extra duty.
On 26 February 1965, DA Form 2627-2 (Record of Appellate or Other Supplementary Actions Under Article 15, UCMJ) shows that the imposed punishment of reduction to pay grade E-2, 14 days restriction and extra duty was set aside. All rights, privileges and property were restored.
On 24 March 1965, the applicant accepted NJP for two occasion of disobeying a lawful order. His imposed punishment was a reduction to pay grade E-2,
14 days restriction and extra duty.
On 11 August 1965, the applicant accepted NJP for failure to repair. His imposed punishment was a reduction to pay grade E-2, 7 days restriction and extra duty.
On 20 August 1965, the applicant was barred from reenlistment.
On 3 September 1965, the applicant was convicted by a special court-martial of disobeying a lawful order from a superior noncommissioned officer and of breaking restriction on two separate occasions. He was sentenced to a reduction to pay grade E-1, a forfeiture of $60 pay per month for 6 months and confinement at hard labor (CHL) for 6 months.
On 18 October 1965, the unexecuted portion of the sentence to CHL was suspended for 4 months. On 16 December 1965, the unexecuted portion to CHL for 6 months was duly executed.
On 9 June 1966, the applicant was convicted by SPCM of being absent without leave (AWOL) from 28 April to 26 May 1966. He was sentenced to CHL for
6 months and a forfeiture of $83 pay per month for 6 months.
On 7 June 1966, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-208, for unfitness. The commander’s recommendation was based on the applicant’s frequent breaches of conduct and discipline, untrustworthiness, and a lack of regard for the rights of others. The applicant was advised by legal counsel of the basis for the contemplated separation action and the rights available to him. The applicant waived personal appearance, consideration, and representation by counsel before a board of officers. He was afforded the opportunity to submit statements in his own behalf, but declined to do so.
On 22 July 1966, the appropriate authority approved the recommendation and directed the issuance of an Undesirable Discharge Certificate. On 17 August 1966, the applicant was discharged in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness with a discharge UOTHC. He completed 2 years, 10 months and 8 days of creditable active service and had 146 days of lost time.
Army Regulation 635-208, in effect, provided, in pertinent part, the policies procedures, and guidance for the elimination of enlisted personnel who were determined to be unfit for further military service. However, at the time of the discharge a discharge UOTHC 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 discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant’s overall record of military service.
3. Therefore, the type of discharge directed and the reasons were appropriate considering all the facts of the case.
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
__jhl___ __wtm___ __rwa___ DENY APPLICATION
| CASE ID | AR2001063136 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020314 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19660817 |
| DISCHARGE AUTHORITY | AR635-208 |
| DISCHARGE REASON | A51.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.5000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: On 18 May 1966, the applicant's commander initiated a recommendation to separate the applicant from the service under the provisions of Army Regulation 635-208 for unfitness, due to his frequent involvement in incidents of a discreditable nature with civil/military authorities.
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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. On 2 August 1966, the separation authority approved the recommendation for separation and directed that the applicant be discharged from the military service under the provisions of Army Regulation 635-208 for unfitness due frequent incidents of discreditable nature with civil or military authorities. Accordingly, the applicant...
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The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: The applicant’s record shows that he was discharged on 7 November 1973, under the provisions of Army Regulation 635-200, chapter 13, for unfitness with a discharge UOTHC.
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On 22 December 1969, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. There is no evidence in the applicant's records that his discharge was upgraded or that he was granted clemency.
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Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, an upgrade of his discharge. The applicant states, in effect, that he was promoted to pay E-4 and shortly thereafter, he was discharged with an undesirable discharge (UD) and without a hearing or a summary court-martial.
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On 3 December 1965, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. The Board also considered the contention that he could file to have his discharge upgraded within six months after his separation from the Army. The Army Discharge Review Board and the Army Board for Correction of Military Records reviews each request for a discharge upgrade on its own merits.
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Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no indication that he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
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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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board reviewed the applicant's record of service which included four nonjudicial punishments, one special court-martial conviction, one summary court-martial conviction and 38 days lost.
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He had completed 1 year, 4 months and 6 days of total active service. On 16 June 1965, NJP was imposed against the FSM for being absent from his unit from 0030 hours 13 June 1965 until 0100 hours 13 June 1965. ____John Infante _____ CHAIRPERSON INDEX CASE ID AR20070012580 SUFFIX RECON DATE BOARDED 20080131 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1.