| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Kenneth W. Lapin | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to an honorable discharge.
APPLICANT STATES: He requests that his discharge be upgraded to honorable because he wants to receive health benefits and other benefits as needed. The applicant did not submit any documents in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was inducted in the Army on 14 June 1966. He completed basic training at Fort Ord, California, and was assigned to Redstone Arsenal, Alabama, for advanced individual training (AIT).
While in AIT, the applicant received three nonjudicial punishments for being derelict in the performance of his duties; failing to go to his appointed place of duty; and for being AWOL from 3 October 1966 to 16 October 1966. Upon completion of AIT, the applicant was assigned to Vietnam. Before arriving in Vietnam, he received nonjudicial punishment for being AWOL from 31 December 1966 to 5 January 1967.
On 10 March 1967 and 12 March 1967, the applicant received nonjudicial punishment for being disrespectful in deportment and for being disrespectful in language toward a sergeant.
On 1 August 1967, the applicant was convicted by a special court-martial of being AWOL from 30 June 1967 to 3 July 1967. He was sentenced to be confined at hard labor for 1 month (suspended for 1 month), to forfeit $65.00 pay per month for 6 months, and reduction to private E-1.
The applicant received nonjudicial punishment again on 24 August 1967 for being disrespectful in language toward a sergeant.
On 9 September 1967, the applicant was advised by counsel of the proposed separation action under the provisions of Army Regulation 635-212, for unfitness. He waived consideration of his case by a board of officers and did not submit statements in his own behalf. He acknowledged that he might encounter substantial prejudice in civilian life and that he might be ineligible for many or all benefits administered by the Veterans Administration (VA) if an undesirable discharge were issued to him.
On 19 September 1967, the applicant was convicted by a summary court-martial of disobeying a lawful order from a specialist five. He was sentenced to forfeiture of $25.00 pay for 1 month.
The separation authority approved the separation action and directed issuance of an Undesirable Discharge Certificate.
Accordingly, the applicant was discharged on 11 October 1967 under the provisions of Army Regulation 635-212, paragraph 14e, for unfitness based on frequent incidents of a discreditable nature with civil or military authorities. He had 1 year, 3 months and 5 days of creditable service and 23 days of lost time due to AWOL.
There is no indication in the applicant’s records that he applied to the Army Discharge Review Board within its 15-year statute of limitations.
Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Paragraph 14e of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness. An undesirable discharge was normally considered appropriate.
Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual.
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 discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
2. The applicant was advised of the effects of an undesirable discharge and that he might be deprived of many or all Army and VA benefits. He was afforded the opportunity to submit statements in his own behalf, but he declined to do so.
3. Records show the applicant received seven nonjudicial punishments, one special court-martial, and one summary court-martial.
4. The applicant’s service does not meet the standards of honorable service as defined in Army Regulation 635-200. Therefore, the characterization of the applicant’s discharge is appropriate considering all the facts of the case. There also is no apparent error, injustice, inequity, or change in policy or standards on which to base recharacterization of his discharge to honorable.
5. 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.
6. 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
SAC_____ KWL_____ JTM_____ DENY APPLICATION
| CASE ID | AR2002067835 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020407 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19671011 |
| DISCHARGE AUTHORITY | AR635-212 |
| DISCHARGE REASON | Unfitness-frequent incidents of a discreditable nature with civil or military authorities |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 144.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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