| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Raymond J. Wagner | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to at least a general discharge.
APPLICANT STATES: That he was young at the time he enlisted, was harassed and made a lot of mistakes. He states that he had a profile against loud noises, had a hearing loss, and now cannot keep a job because of his discharge. He further states that he had a heart attack/stroke about 7 years ago and now needs help.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted with parental consent on 19 July 1968, for a period of 3 years. He was transferred to Fort Benning, Georgia, to undergo his basic combat training (BCT).
On 10 September 1968, nonjudicial punishment (NJP) was imposed against him for dereliction in the performance of his duties as a sentinel of the guard. His punishment consisted of a forfeiture of pay, extra duty and restriction. He completed his BCT and was transferred to Fort McClellan, Alabama, to undergo his advanced individual training (AIT).
He successfully completed his AIT and was transferred to Fort Hood, Texas, on 20 December 1968, for duty as a rifleman. He was advanced to the pay grade of E-3 on 7 February 1969, and on 24 February 1969, he was issued a permanent physical profile for hearing loss, which precluded his frequent exposure to loud noises or firing of weapons.
On 2 July 1969, NJP was imposed against him for failure to obey a lawful order from a commissioned officer, to get a haircut. His punishment consisted of extra duty and restriction.
On 5 September 1969, NJP was imposed against him for failure to go to his place of duty. His punishment consisted of a reduction to the pay grade of E-2, extra duty and restriction.
His records also show that NJP was again imposed against him on 29 September 1969, for being absent without leave (AWOL) from 22 September to 23 September 1969. His punishment consisted of a reduction to the pay grade of E-1.
On 28 January 1970, he was convicted by a special court-martial of being AWOL from 4 November to 12 November 1969. He was sentenced to confinement at hard labor for 8 days (suspended for 45 days), hard labor without confinement for 22 days, reduction to the pay grade of E-1, a forfeiture of pay and restriction.
The facts and circumstances surrounding the applicant’s discharge are not present in the available records. However, his records do contain a duly constituted report of separation (DD Form 214), signed by the applicant, which shows that he was discharged under other than honorable conditions on 6 March 1970, under the provisions of Army Regulation 635-206, for misconduct based on his being convicted or adjudged a juvenile offender by a civil court during his current term of military service. He had served 1 year, 7 months and 6 days of total active service and had 16 days of lost time due to AWOL and confinement.
There is no indication in the available records to show that the applicant 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 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct. It provided, in pertinent part, that members would be processed for separation for under that regulation for misconduct, AWOL, Desertion, fraudulent entry and conviction by civil authorities. An undesirable discharge was normally considered appropriate.
Army Regulation 635-200, currently in effect, sets forth the basic authority for the separation of enlisted. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion or AWOL. A discharge under other than honorable conditions is 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
___kak__ ___ao___ ___rjw __ DENY APPLICATION
| CASE ID | AR2002068699 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/07/02 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1970/03/06 |
| DISCHARGE AUTHORITY | AR635-206 CIV CONV |
| DISCHARGE REASON | MISCONDUCT |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 627 | 144.6100/A61.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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The Board considered the following evidence: On 6 March 1968, the applicant, still undergoing AIT, accepted NJP for being AWOL from 4-5 March 1968. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2002077239SUFFIXRECONDATE BOARDED20030313TYPE OF DISCHARGE(UD)DATE OF DISCHARGE19690415DISCHARGE AUTHORITYAR635-212DISCHARGE REASONA51.00BOARD DECISION(DENY)REVIEW AUTHORITYISSUES 1.144.50002.3.4.5.6.