| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. JoAnn H. Langston | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: In effect, that his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that his father’s death and mother’s illness impaired his ability to serve in the Army. He further states that an upgrade of his discharge would give him peace of mind and would show his kids that he served honorably in the Army.
EVIDENCE OF RECORD: The applicant's military records show:
On 26 April 1973, he enlisted in the Regular Army for 4 years. He successfully completed training and was awarded military occupational specialty (MOS)
11B (Light Weapons Infantryman). His record documents no acts of valor, significant achievement, or service warranting special recognition and it confirms that the highest rank he attained while on active duty was private/E-2.
However, the record does contain an extensive disciplinary history that includes his acceptance of nonjudicial punishment (NJP) on the following four separate occasions for the offenses indicated: 30 October 1973, for absenting himself from his appointed place of duty without proper authority; 25 February 1974, for four specifications of absenting himself from his appointed place of duty without proper authority; 31 May 1974, for three specifications of failing to go to his appointed place of duty; and 12 June 1974, for two specifications of failing to go to his appointed place of duty.
On 24 June 1974, the applicant’s unit commander notified him that separation action was being initiated against him under the provisions of paragraph 13-5, Army Regulation 635-200, for unsuitability. The reasons cited for the action were the applicant’s lack of appropriate interest, defective attitude, and inability to expend efforts constructively. The applicant consulted counsel and after being advised of the basis for the contemplated separation action, he waived consideration of his case by a board of officers and he elected not to submit a statement in his own behalf.
On 2 August 1974, the appropriate authority approved the applicant’s separation with a GD. On 26 August 1974, he was discharged accordingly. At the time of his discharge, he had completed a total of 1 year, 4 months, and 1 day of active military service and he had accrued 39 days of time lost.
Army Regulation 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel who are found unfit or unsuitable for further military service. Individuals separated by reason of unsuitability were furnished an honorable or general discharge as warranted by the military record.
The evidence of record confirms that the applicant submitted an Application for Review of Discharge or Dismissal from the Armed Forces of the United States, DD Form 293, to the Army Discharge Review Board (ADRB). Because his application was not submitted within the ADRB’s 15-year statute of limitations, it was referred to this Board for consideration.
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 notes the applicant’s contention that his father’s death and his mother’s medical problems impaired his ability to serve. However, it finds this factor is not sufficiently mitigating to warrant the requested relief.
2. The applicant’s administrative separation was accomplished in accordance with applicable regulations in effect at the time and the Board concludes that it accurately reflects his overall record of service.
3. Notwithstanding the personal issues involved, the Board finds the applicant’s extensive disciplinary history clearly diminished the overall quality of his service below that meriting a fully honorable discharge. Therefore, it concludes that an upgrade of his discharge is not warranted at this time.
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
__JHL__ __WTM__ __RWA___ DENY APPLICATION
| CASE ID | AR2002066974 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/03/14 |
| TYPE OF DISCHARGE | (GD) |
| DATE OF DISCHARGE | 19740826 |
| DISCHARGE AUTHORITY | AR635-200 . . . . . |
| DISCHARGE REASON | Unsuitability |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 66.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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