| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. James E. Anderholm | Member | |
| Ms. Charmane Collins | Member |
APPLICANT REQUESTS: Reconsideration of his request for an upgrade of his under other than honorable conditions discharge to an honorable discharge.
APPLICANT STATES: In effect, that his battalion commander was not in receipt of all pertinent information at the time of his separation. He adds that the young lady in question, who was an enlisted man's wife, could not be located as she was serving 90 days in jail for solicitation. This was the main reason for his resignation.
NEW EVIDENCE OR INFORMATION: The memorandum prepared to reflect the Board's original consideration of his case on 16 October 2001 (AR2001058414) was accomplished without benefit of the applicant's complete service record. Subsequently, the records were obtained and are incorporated herein by reference.
Following a period of enlisted service in the Regular Army from 7 July 1950 to 7 February 1955, the applicant was appointed a Second Lieutenant, Signal Corps, on 8 February 1955 upon successful completion of Field Artillery Officer Candidate School, Fort Sill, Oklahoma.
The applicant was assigned to the 1st Radio Broadcasting and Leaflet Battalion, Fort Bragg, North Carolina, as his first permanent, commissioned duty assignment.
On 2 July 1956, General Court-Martial charges were preferred against the applicant for: failing to go to his place of duty at the Psychological Warfare School on 6 February 1956; making a false official statement regarding matters of his indebtedness; four specifications of dishonorably failing to pay just debts totaling $1523.10; two specifications of writing checks with insufficient funds; and three specifications of breaking restriction on 4 April 1956, 30 April 1956, and 11 May 1956. Additionally, the applicant was apprehended by military police for being out of uniform on 14 March 1956; for illegal use of post tags (decals) on 4 February 1956; and for drunk driving on 4 February 1956.
The applicant requested resignation for the good of the service under the provisions of Army Regulation 635-120. On 30 August 1956, the Secretary of the Army accepted the applicant's resignation and directed that he be separated under other than honorable conditions. On 11 September 1956, he was separated under other than honorable conditions after serving 1 year, 7 months, and 4 days of commissioned service and 6 years, 8 months, and 5 days of total service.
Army Regulation 635-120, Personnel Separations - Resignations and Discharges, then in effect, provided that an officer whose conduct rendered him triable by court-martial for an offense punishable by dismissal could tender his resignation for the good of the service in lieu of trial. Such resignation, if accepted by the Secretary of the Army, normally would be under other than honorable conditions.
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 applicant resigned in lieu of trial by General Court-Martial. None of the charges and specifications involved his relationship with an enlisted soldier's wife.
2. The applicant’s 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.
3. The overall merits of the case are insufficient as a basis for the Board to reverse its previous decision.
4. 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
__fne___ __jea___ __cc____ DENY APPLICATION
| CASE ID | AR2002072695 |
| SUFFIX | |
| RECON | 20011016 |
| DATE BOARDED | 20021203 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19560911 |
| DISCHARGE AUTHORITY | AR 635-120 |
| DISCHARGE REASON | A71.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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