| Mr. Carl W. S. Chun | Director | |
| Mrs. Judy Blanchard-Miller | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Ms. Melinda M. Darby | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded.
APPLICANT STATES: No contentions submitted.
EVIDENCE OF RECORD: The applicant's military record show.
On 28 August 1974, the applicant enlisted in the Regular Army for 3 years. He completed basic training and advanced individual training and was awarded military occupational specialty 13B10 (Field Artillery Crewman).
Between November 1974 and December 1975, the applicant accepted twelve nonjudicial punishments (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for eight occasions of failure to repair, for four occasions of breaking restrictions, for four occasions of being absent without leave from 17 to 18 March 1975, from 30 June to 1 July 1975, from 18 to 19 August 1975 and from 24 to 28 October 1975, for two occasions of dereliction of duty and for disobeying a lawful order. His punishments included forfeitures, restrictions, extra duties and a reduction to pay grade E-1.
The applicant’s record indicated that he was barred from reenlistment. The applicant’s bar was based on frequent incidents of a discreditable nature with civil or military authorities.
On 19 December 1975, the applicant completed a separation physical and was found qualified for separation.
The facts and circumstances pertaining to the applicant's discharge are not on file. The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 19 December 1975, under the provisions of Army Regulation 635-200, chapter 13 for unfitness with an undesirable discharge. He had completed 1 year, 3 months and 17 days of creditable active service and had no lost time.
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 misconduct, and provides, in pertinent part, that individuals involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for misconduct.
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 discharge proceedings are missing from his file. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.
3. Although the discharge proceedings are missing from his file. It was determined that the type of discharge directed and the reasons therefore were appropriate considering the applicant's numerous acts of indiscipline, it does not appear that his UD was too severe.
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
__inw___ __mmd___ __jtm___ DENY APPLICATION
| CASE ID | AR2002066971 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020416 |
| TYPE OF DISCHARGE | (UD) |
| DATE OF DISCHARGE | 19751212 |
| DISCHARGE AUTHORITY | AR635-200, chapter 13 . . . . . |
| DISCHARGE REASON | A60.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.6000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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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. On 23 June 1976, the separation authority approved the recommendation for separation and directed that the applicant be furnished an undesirable discharge. The Board reviewed the applicant's record of service which included four nonjudicial punishments, one civil conviction for Grand Larceny and 23 days of lost time and...
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Member The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the time for the applicant to file a request for correction of any error or injustice to this Board expired on 6 December 1984. _________James C. Hise__________ CHAIRPERSON INDEX CASE ID AR20050001269 SUFFIX RECON YYYYMMDD DATE BOARDED 20050920 TYPE OF DISCHARGE UD DATE OF DISCHARGE 19750305 DISCHARGE AUTHORITY AR 635-200, chapter 13-5a(1) DISCHARGE REASON BOARD...