| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Christopher J. Prosser | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by upgrading his undesirable discharge.
APPLICANT STATES: That his undesirable discharge should be upgraded on the grounds that his rights were bypassed and not explained to him, as evidenced by way of unit punishment records. He also contends that the punishment imposed did not correspond with the infractions, given that other options were available based on his prior service records. In support of his application, he submits a letter of explanation, dated 26 September 2001.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the consideration of Docket Number AC82-02027 by the Army Board for Correction of Military Records (ABCMR) on 15 September 1982.
The applicant submits a letter of explanation which contains new arguments which will be considered by this Board.
The Board noted the applicant’s service personnel records contain DD Form 789 (Unit Punishment Record) which shows that he received nonjudicial punishment on three occasions for failure to obey a lawful order of a noncommissioned officer, for being off post without a pass, failure to perform extra duty and loitering while a sentinel. This DD Form 789 shows the entry, “RDM”, which are the typed initials of the applicant, in the section “Rights Understood; Initials of Accused.” Also, the immediate commanding officer’s typed initials are shown in the section, “Initials of Immediate CO.”
The Board noted the applicant’s service personnel records contain DA Form
19-24 (Statement), dated 22 August 1961, which was authenticated by the applicant, and states “I have been offered the opportunity to request counsel to represent me in these proceedings and decline this opportunity. I do not desire counsel.”
The Board also noted that, based on the applicant’s satisfactory performance of duties from 28 January 1958 to 13 July 1960, the ABCMR recommended that his records be corrected to show that he was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 13 July 1960. This recommendation was approved by the Deputy Assistant Secretary of the Army (DA Review Boards and Personnel Security) on 30 September 1982.
Army Regulation 635-208, in effect at the time, provided for the issuance of an undesirable discharge to those individuals discharged by reason of unfitness.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
Army Regulation 15-185 provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
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 Board considered the applicant’s contention that his discharge should be upgraded on the grounds that his rights were bypassed and not explained to him, as evidenced by way of unit punishment records. However, the applicant’s Unit Punishment Record shows his typed initials in the section “Rights Understood; Initials of Accused.”
2. The applicant’s DA Form 19-24 (Statement), dated 22 August 1961, which was authenticated in his own hand, shows that he declined the opportunity for counsel during his discharge proceedings.
3. The Board also considered the applicant’s contention that the punishment imposed did not correspond with the infractions, given that other options were available based on his prior service records. However, the applicant has provided no evidence to support this contention.
4. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
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
FNE____ WTM____ CJP_____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2002066813 |
| SUFFIX | |
| RECON | Yes |
| DATE BOARDED | 20020502 |
| TYPE OF DISCHARGE | Undesirable discharge |
| DATE OF DISCHARGE | 19610927 |
| DISCHARGE AUTHORITY | 635-208 |
| DISCHARGE REASON | Unfitness |
| BOARD DECISION | Deny |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002071615C070402
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. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is...
ARMY | BCMR | CY2001 | 2001064258C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board considered the...
ARMY | BCMR | CY2002 | 2002073902C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 1 December 1960, the applicant’s unit commander submitted a request that the applicant be eliminated from service under the provisions of Army Regulation 635-208. The separation document (DD Form 214) issued to and authenticated by the applicant on the date of his separation confirms that he was separated under the provisions of Army Regulation 635-208, by reason of...
ARMY | BCMR | CY2013 | 20130015584
The applicant requests, in effect, an upgrade of his under other than honorable conditions discharge to a general discharge. Army Regulation 635-200, paragraph 3-7b, stated a general discharge was a separation from the Army under honorable conditions. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2011 | 20110016892
The applicant states he was discharged while serving confinement in isolation for over 10 days because his chain of command was racially prejudiced. The applicant provides: * letter from his Member of Congress * two letters to his Member of Congress * self-authored statement * seven official statements, dated 18 November 1961 * DD Form 493 (Extract of Military Records of Previous Convictions), dated 27 November 1961 * Special Orders Number 178, dated 25 July 1961 * Fort Benning (FB) (AHJ)...
ARMY | BCMR | CY2002 | 2002068951C070402
On 19 February 1959 the applicant’s commanding officer recommended that the applicant be required to appear before a board of officers to determine if he should be discharged for undesirable habits or traits of character under the provisions of Army Regulation 635-208. Counsel also called the board’s attention to the report of psychiatric evaluation, showing that the applicant had acted out against authority, which could be channeled by correct counseling. The applicant was discharged on...
ARMY | BCMR | CY2003 | 2003086189C070212
On 18 December 1963, the applicant's commander formally counseled him that he was recommending that he be discharged from the Army. in Item 4 (Organization at Time of Separation), on the DD Form 293, Application for Review of Discharge or Separation from the Armed Forces of the United States. On 2 September 1965, the Army Discharge Review Board (ADRB) reviewed the applicant’s case and after determining that his discharge was proper and equitable, it denied the applicant’s request for an...
ARMY | BCMR | CY2004 | 20040003893C070208
The applicant further requests that he appear before the Army Board for Correction of Military Records (ABCMR) to discuss his case. Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The applicant's records show that he received two summary courts-martial and two Article 15s and separated from the service for use of narcotics, dereliction of duty, and misconduct.
ARMY | BCMR | CY2001 | 2001060056C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge. On 29 November 1960 the applicant acknowledged that his unit commander was initiating action to administratively separate him from active duty under the provisions of Army Regulation 635-208.
ARMY | BCMR | CY2003 | 2003091011C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Documents associated with the applicant's discharge were not in records available to the Board. An undesirable discharge was normally considered appropriate; however, in unusual circumstances, a general or honorable discharge was authorized, as directed by the convening authority.