| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Thomas Lanyi | Member | |
| Mr. Mark D. Manning | Member |
APPLICANT REQUESTS: That his undesirable discharge be changed to a general discharge.
APPLICANT STATES: That he was young at the time and not ready for military or adult life. He provides two character reference letters and several completion certificates for law enforcement related training in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted and entered active duty on 23 April 1958. He initially completed training as a combat engineer but was later trained and assigned as a medical corpsman.
He was convicted by a summary court-martial on 25 June 1959, of failure to go to his place of duty. The approved sentence consisted of a forfeiture of pay.
On 10 February 1960, the applicant was recommended for separation based on a civil conviction. He had been tried and convicted on 2 February 1960, of conspiracy, banding together for an unlawful purpose. He was over 20 years of age at the time of the offense. He had been sentenced to 6 months confinement. The separation authority approved the recommendation and directed issuance of an Undesirable Discharge Certificate.
Effective 10 March 1960, the applicant was separated from active duty under the authority of Army Regulation 635-206, with an undesirable discharge. He had 1 year, 3 months, and 11 days creditable service and 217 days lost time.
The character reference letters provided by the applicant attest to his dedication to law enforcement, the community, and his family. The completion certificates provided by the applicant show that he completed several law enforcement related training programs at the state and Federal level.
Army Regulation 635-206, in effect at the time, provided the policy for separation of enlisted personnel. It provided, in pertinent part, that an enlisted member who was convicted by a civilian court of an offense for which the authorized punishment under the UCMJ included confinement of 1 year or more was to be considered for elimination. When such separation was warranted an undesirable discharge was 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. The applicant does not contest the fact that he was found guilty of an offense that resulted in 6 months confinement. Considering all the facts in the case, separation was warranted based on the seriousness of the civilian court conviction.
2. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.
3. The Board recognizes the applicant’s post-service accomplishments but does not believe that they are sufficiently meritorious on their own to warrant an upgrade of his discharge.
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
__kk___ __tl___ __mm____ DENY APPLICATION
| CASE ID | AR2001065231 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020423 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19600310 |
| DISCHARGE AUTHORITY | AR 635-206 |
| DISCHARGE REASON | A61.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.02 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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