| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: Reconsideration of his request for an upgrade of his discharge.
APPLICANT STATES: That he volunteered through the draft board at 17 years of age. His parents signed the consent forms. He had very little education due to helping them on the farm. The fact that he was uneducated led him to accept the type of discharge he received. He needs his discharge upgraded so he will be able to work part time. He needs to work due to high medical expenses. He has paid for this mistake by missing out on several good jobs. He will not seek any benefits; he wants the upgrade strictly for a job.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 12 July 2001 (docket number AR2001055510).
The applicant provides a letter of support indicating he was employed by the City of Mulberry, FL from 1966 to 1967 in the police department. The City Manager accepted his resignation with regret and noted that he performed his duties in a manner that was a credit to himself as well as to the City of Mulberry.
While the applicant’s Report of Separation, DD Form 214, for the period ending 25 July 1954 shows that he was born on 23 August 1934 and entered active service (apparently through an enlistment) on 18 May 1954, it also shows that he had total net service of 3 years, 2 months, and 9 days. It appears that he was 16 years and 8 months old at the time he first entered the Army.
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 acknowledges that the applicant was young and perhaps uneducated at the time he first entered the Army. However, he had served for more than 3 years in the Army at the time he was honorably discharged on 25 July 1954 for the purpose of immediately reenlisting on 26 July 1954. He was an experienced, 21-year old soldier at the time he was discharged for unfitness on 20 April 1956. In addition, a discharge for unfitness was not the type of discharge a soldier had an option to accept or reject, so his contention that his being uneducated led him to accept the discharge is irrelevant.
2. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.
3. 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
__RVO__ __RWA__ __JTM__ DENY APPLICATION
| CASE ID | AR2002071109 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/06/20 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1956/04/20 |
| DISCHARGE AUTHORITY | AR 615-368. |
| DISCHARGE REASON | A50.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002072845C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. There is nothing in the available records to support the applicant’s contention that he was eligible for a hardship discharge and was not provided assistance.
ARMY | BCMR | CY2003 | 03099539C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. There are no documents in available records indicating that the applicant's command ever took actions to follow-up on the recommendation to administratively discharge the applicant. Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness.
ARMY | BCMR | CY2003 | 2003086694C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. In support of his application, he submits a copy of his separation document (DD Form 214) and an Extract of Military Records of Previous Convictions (DD Form 493).
ARMY | BCMR | CY2002 | 2002075511C070403
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence in the available records that shows that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
ARMY | BCMR | CY2001 | 2001062412C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 25 February 1955, he was dishonorably discharged pursuant to the sentence of a general court-martial. He asserted that it was never proven that the camera he was accused of stealing was the property of the other soldier and that if the record of trial was reviewed, it would show that he was right.
ARMY | BCMR | CY2006 | 20060010876
Exhibit B - Military Personnel Records (including advisory opinion, if any). On 16 July 1956, the Board of Officers recommended that the applicant be discharged from the service under the provisions of Army Regulation 635-208 for unfitness and that he be issued an Undesirable Discharge Certificate. On 26 July 1956, the applicant was discharged accordingly.
ARMY | BCMR | CY2003 | 2003085496C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Item 19c (Date of Entry) on the applicant's DD Form 214 shows he entered on 27 February 1954. It stated that a DD Form 214 would be furnished all enlisted personnel separated from the active military service except (emphasis in the original) the following: (1) members of the Army Reserve ordered into the active military services for a period of 90 days or less; (2)...
ARMY | BCMR | CY2002 | 2002073699C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant's military records contain a copy of NGB Form 24 (Service and Qualification Record) that shows that he was separated on 7 November 1954, by reason of induction into the AUS. The applicant's records clearly show that he was inducted on 5 October 1955, instead of 5 November 1954.
ARMY | BCMR | CY2001 | 2001063580C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS : That his undesirable discharge be upgraded to a general discharge. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
ARMY | BCMR | CY2001 | 2001063402C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. When separation for unfitness was warranted an undesirable discharge was normally considered appropriate. There is no evidence, and the applicant has not provided any, that his discharge proceedings were not conducted in accordance with established laws and regulations in effect at the time.