| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Harry B.Oberg | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: Upgrade the characterization of his discharge under conditions other than honorable.
APPLICANT STATES: At the time, he was young (19 years old), foolish, and should have been given a change. Since 1988, he has been bettering his life.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted into the Army on 23 July 1969. He completed basic combat training at Fort Campbell, Kentucky, on or about 28 September 1969, with ratings of excellence for conduct and efficiency. He was advanced to private, pay grade
E-2, on 23 November 1969. He completed advanced individual training as an infantryman, military occupational specialty 11B, at Fort Polk, Louisiana, on or about 28 November 1969, with ratings of excellence for conduct and efficiency.
He was ordered to duty in Vietnam. Enroute to Vietnam, he was absent without leave (AWOL) starting 19 December 1969. On 3 February 1970, he was arrested in Cleveland, Ohio, and convicted by a civil court of armed robbery. He was sentenced to 10 to 25 years in the Ohio State Reformatory. (The applicant stated in the record that he was paroled in 1973.)
After review by a board of officers at Fort Knox, Kentucky, with representation by counsel on 25 August 1971, the discharge authority directed that the applicant be discharged with an undesirable discharge, under conditions other than honorable, due to conviction by a civil court under authority of Army Regulation (AR) 635-206, paragraph 33 (now AR 635-200, chapter 14.) The applicant was so discharged on 15 September 1971, and reduced to a private, pay grade E-1. He had 4 months and 26 days creditable service and 636 days of lost time.
In 1979, he applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge. On 26 August 1980, he appeared with counsel before the ADRB in Cleveland, Ohio. The ADRB determined that in light of the facts, that the applicant’s undesirable discharge, under conditions other than honorable, was proper and equitable, that his post service conduct was not sufficiently meritorious to justify an upgrade, and denied his request for upgrade.
Army Regulation 635-200 (Personnel Separations Enlisted Personnel),
chapter 14 (Conviction by Civil Court), in pertinent part, states that a soldier may be considered for discharge when initially convicted by civil authorities or when the sentence by civil authorities includes confinement for 6 months or more.
A soldier convicted by a civil court will be reduced or considered for reduction.
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. There is no evidence of error or injustice in the applicant’s undesirable discharge, under conditions other then honorable, as a result of conviction by a civil court for armed robbery and confinement in a state reformatory facility in excess of 6 months.
2. 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
___fe___ __rd___ __ra___ DENY APPLICATION
| CASE ID | AR2002066923 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020611 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19710915 |
| DISCHARGE AUTHORITY | AR 635-206, para 33 |
| DISCHARGE REASON | Civil Conviction |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144 – Administrative Discharge |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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