| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Charles Gainor | Member |
APPLICANT REQUESTS: That his general discharge be upgraded to honorable.
APPLICANT STATES: That he was absent without leave for 15 minutes and was given 30 days of confinement, but only served 6 days. In support of his application he submits three third party character references in the form of handwritten letters and a copy of his report of separation (DD Form 214).
EVIDENCE OF RECORD: The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, the DD Form 214 provided by the applicant shows:
He enlisted in Beckley, West Virginia, on 30 January 1956, for a period of 3 years. It appears that he completed his training as a field artilleryman and was transferred overseas, where he remained until he was returned to Fort Dix, New Jersey, for separation.
His records show that he was released from active duty under honorable conditions on 4 February 1959, on the expiration of his term of service (ETS). He had served 3 years of total active service and had 6 days of lost time. His records also show that he was separated in the pay grade of E-2 with a date of rank of 14 December 1958, less than 2 months before his separation.
There is no indication in the available records 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 635-200, in effect at the time, provided that persons separating from the service on their ETS would have their character of service determined by their overall record of service. An honorable or general 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 the absence of evidence to the contrary, the Board must presume that the applicant’s discharge was properly characterized based on his overall record of service at the time, in accordance with the regulations in effect at the time.
2. Given the applicant’s admission that he was given 30 days of confinement, coupled with a date of rank less than 2 months before he separated from the service, the Board must presume that he had a disciplinary record at the time that attributed to his service being deemed less than fully honorable.
3. Accordingly, absent evidence to the contrary, the Board must presume what the Army did at the time was correct.
4. The Board has noted the applicant’s contentions and supporting letters; however, they are not sufficiently mitigating to overcome the unknown factors in his case.
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
___inw __ __wtm___ __cg____ DENY APPLICATION
| CASE ID | AR2002068695 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/10/03 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 1959/02/04 |
| DISCHARGE AUTHORITY | AR635-200 |
| DISCHARGE REASON | ETS |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 455 | 144.0300/ETS |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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