| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded.
APPLICANT STATES: That he was not advised of his rights and that he did not receive due process or counsel.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 30 August 1972 for a period of 2 years. He successfully completed basic combat training and advanced individual training and was transferred to Fort Lee, Virginia, for duty as a motor transport operator.
The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was arrested by civil authorities for possession of marijuana on 27 August 1973. On 18 September 1973, the applicant was sentenced to serve 9 months in jail and fined $250.
The facts and circumstances surrounding the applicant’s discharge are not present in the available records. However, records show that on 23 November 1973 the applicant was discharged with an undesirable discharge under the provisions of Army Regulation 635-206 for misconduct due to being convicted by a civil court during his current term of active military service. He had served
1 year and 24 days of total active service and had 60 days lost time due to civilian confinement.
Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct. Section VI of the regulation provided, in pertinent part, for the separation of personnel for conviction by civil court. An undesirable discharge was normally 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 Board considered the applicant’s contentions that he was not advised of his rights and that he did not receive due process or counsel. However, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were in accordance with law and regulations applicable at the time.
2. Accordingly, the type of discharge directed and the reason for separation appear to be appropriate.
3. 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.
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
MHM___ KAN_____ DPH_____ DENY APPLICATION
| CASE ID | AR2002067456 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020514 |
| TYPE OF DISCHARGE | (UD) |
| DATE OF DISCHARGE | 19731123 |
| DISCHARGE AUTHORITY | AR 635-206 |
| DISCHARGE REASON | Misconduct due to being convicted by a civil court during his current term of active military service |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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