| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: That his general discharge be upgraded to an honorable discharge and that his Reenlistment (RE) Code be changed to a more favorable code.
APPLICANT STATES: In effect, that at the time he was being processed for discharge for unsatisfactory performance, he was informed that he would have to wait for at least 6 months before he could again enlist. However, after waiting 6 months, he went to an Army recruiter and was informed that he could never again enlist because of his RE Codes. He goes on to state that he attempted several times over the past 15 years to enlist and it was not until 27 September 2001, that he was able to enlist in the Army National Guard. He continues by stating that he discovered that he could have enlisted before he got too old to enlist in the Regular Army had he not been misinformed and had the recruiters not been too lazy to process the paperwork. He further states that he has unjustly been required to suffer the shame of having a discharge for unsatisfactory performance and has been denied the opportunity to serve for 15 years and desires to have that shame removed.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 6 November 1984, for a period of 3 years, training as a medical specialist and assignment to Europe. He completed his training and was transferred to Germany on 13 May 1985.
The applicant underwent a mental status evaluation on 7 January 1986. He was deemed to be mentally responsible, able to distinguish right from wrong and to adhere to the right.
On 11 February 1986, nonjudicial punishment was imposed against him for failure to go to his place of duty. His punishment consisted of a reduction to the pay grade of E-2, extra duty and restriction.
On 12 February 1986, the applicant submitted a request for early return of his dependent wife to the United States, due to family and marital problems. His request was approved on 13 February 1986.
On 14 February 1986, he underwent a medical and physical examination for the purpose of administrative discharge proceedings under the provisions of Army Regulation 635-200, chapter 13. His Report of Medical History (Standard Form 93) indicates that the applicant had a recent suicide attempt (gesture) due to emotional stress and was evaluated by a psychiatrist.
The applicant’s commander initiated action on 28 February 1986, to separate the applicant from the service under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. He informed the applicant that the basis for his recommendation was evidenced by his (the applicant’s) displayed pattern of unsatisfactory performance, coupled with his recalcitrance towards rehabilitation. After refusing to consult with counsel, the applicant elected not to submit a statement in his own behalf. He also acknowledged that he understood that he could expect to encounter substantial prejudice in civilian life if he received a general discharge and that he understood that he could apply to the Army Discharge Review Board (ADRB), or this Board, for an upgrade of his discharge. He further acknowledged that he understood that he would be ineligible to apply for enlistment in the Army for a period of 2 years after discharge.
The appropriate authority approved the recommendation for discharge and directed that he be furnished a General Discharge Certificate.
Accordingly, he was discharged under honorable conditions on 11 March 1986, under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. He had served 1 year, 4 months and 6 days of total active service and was issued RE Codes of 3 and 3C.
There is no indication in the available records to show that he ever applied to the ADRB for an upgrade of his discharge under that board’s 15-year statute of limitations.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under his command when, in the commander’s judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.
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 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 discharge directed and the reasons therefore were appropriate, considering all of the facts of the case.
4. The applicant has failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and should be upgraded. Additionally, he has provided no basis to change his RE Codes, which were properly issued in accordance with the applicable regulations.
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
__gp____ __tap ___ __mm___ DENY APPLICATION
| CASE ID | AR2001064192 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/02/21 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 1986/03/11 |
| DISCHARGE AUTHORITY | AR635-200/CH13 |
| DISCHARGE REASON | UNSAT PERF |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 572 | 144.4900/A49.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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