| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to a more favorable discharge.
APPLICANT STATES: In effect, that his discharge should be upgraded because he was an alcoholic and was not helped in any form. He has now gone 20 years without drinking and desires to have his discharge upgraded.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Cleveland, Ohio on 5 September 1958 for a period of 3 years. He successfully completed his basic combat training at Fort Knox, Kentucky and was transferred to Fort Bragg, North Carolina on 25 November 1958. He was advanced to the rank of private first class on 8 May 1959.
He was convicted by a summary court-martial on 6 July 1960 of being absent without leave (AWOL) from 20 June to 26 June 1960. He was sentenced to a forfeiture of pay and restriction.
He was convicted by a summary court-martial on 18 October 1960 of being AWOL from 5 October to 12 October 1960. He was sentenced to a forfeiture of pay and restriction.
On 13 February 1961, he was again convicted by a summary court-martial of being AWOL from 23 January to 25 January 1961. He was sentenced to confinement at hard labor for 30 days and a forfeiture of pay.
The facts and circumstances surrounding his discharge are not present in the available records. However, his records do contain a duly constituted report of separation (DD Form 214), which is signed by the applicant and shows that he was discharged under other than honorable conditions on 28 March 1961, under the provisions of Army Regulation 635-208, for unfitness, based on his involvement in frequent incidents of a discreditable nature with civil and military authorities. He had served 2 years, 5 months and 6 days of total active service and had 48 days of lost time due to AWOL and confinement.
There is no indication in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities. 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. 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. In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would tend to jeopardize his rights.
3. Accordingly, the type of discharge directed and the reasons therefore were appropriate, considering all of the available facts of the case.
4. The applicant’s contentions have been noted by the Board. However, given his otherwise undistinguished record of service, they are not sufficiently mitigating to warrant an upgrade of his discharge.
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
__dh____ ___kan __ __mhm__ DENY APPLICATION
| CASE ID | AR2002067641 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/05/14 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1961/03/28 |
| DISCHARGE AUTHORITY | AR635-208 |
| DISCHARGE REASON | UNFIT |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 583 | 144.5000/A51.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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