| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Margaret K. Patterson | Member | |
| Mr. Lester Echols | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable.
APPLICANT STATES: He was assigned to Germany and was unable to "adapt to the Army conditions over there" and as a result became influenced by alcohol. He notes he has regretted "it all [his] life." He states that he is now 56 years old, has raised a family and is a grandfather who does not smoke or drink. He states that he would like to think that he served his country and that when he joined the service he had every intention of "fighting for our country" which he did until he was discharged. He submits no evidence in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty on 13 January 1964, successfully completed basic and advanced individual training, and was assigned to Germany as a "Pioneer" in June 1964.
Between August 1964 and August 1965 the applicant was punished on four separate occasions under Article 15 of the UCMJ (Uniform Code of Military Justice) and convicted by one summary and one special courts-martial. His offenses included AWOL (absent without leave), missing movement through neglect, drunk on duty and in a public place, being in an off limits establishment, missing guard mount, and allowing a restricted man to leave his charge. His punishments included extra duty, forfeiture, confinement and reduction.
In October 1965 he was barred from reenlistment and his unit commander initiated action to administratively separate him from active duty under the provisions of Army Regulation 635-208 (unfitness). His commander cited the applicant’s repeated acts of misconduct as the basis for his recommendation and noted that the applicant "certainly [has] the ability to be a good soldier, but refuses to make the necessary effort." He stated that "the time and expense that would be required to motivate him could not be justified by the results." The applicant acknowledged receipt of the proposed separation, consulted with counsel and waived his attendant rights. Physical and mental health evaluations found the applicant mentally and physically qualified for separation.
The recommendation was approved and on 26 November 1965 the applicant was discharged "under conditions other than honorable" and issued an undesirable discharge certificate.
Army Regulation 635-208, then in effect, set forth the policy and procedures for separation of enlisted personnel for unfitness. Unfitness included repeated petty offenses/frequent incidents of a discreditable nature with military or civilian authorities, sexual perversion, drug abuse, use of marijuana and an established pattern of dishonorable failure to pay just debts. Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was impractical or was unlikely to produce a satisfactory soldier. When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.
Army Regulation 635-200 states that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.
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 applicant has submitted neither probative evidence nor a convincing argument in support of his request. His contention that his use of alcohol somehow justified or excused is behavior is without foundation.
2. 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.
3. While the applicant’s contention that he, in effect, became a productive member of society and a good family man has been noted, it does not outweigh the seriousness of his conduct while in the military and does not provide an adequate basis upon which the Board would grant relief.
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
__FNE __ __MKP__ ___LE __ DENY APPLICATION
| CASE ID | AR2001065213 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020507 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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