| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. William D. Barr | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to a general discharge.
APPLICANT STATES: That at the time, he was young, immature and just recently married and his wife was running around while he was in the service. He could not properly deal with it at the time but has been a good citizen since his discharge. In support of his application, he submits a letter from a past commander of a local service organization, which attests to his good post service conduct and character.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted in Jamaica, New York, on 26 March 1962 at the age of 25 and at that time he indicated that he was single. He was transferred to Fort Dix, New Jersey, to undergo his training.
On 24 May 1962, he was convicted by a summary court-martial of being absent without leave (AWOL) from 21 May to 23 May 1962. He was sentenced to a forfeiture of pay.
He completed his training and was transferred to Fort Sheridan, Illinois, on 28 June 1962, for duty as a construction machine operator. He was transferred with his unit to Fort Leonard Wood, Missouri, on 28 June 1962 and was advanced to the pay grade of E-2 on 26 July 1962.
The applicant went AWOL on 25 December 1962 and remained absent until he was returned to military control at Fort Dix, on 22 January 1963, where charges were preferred against him.
On 15 February 1963, he was convicted by a special court-martial of being AWOL from 25 December 1962 to 22 January 1963. He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.
On 1 July 1963, while still at Fort Dix, he again went AWOL and remained absent until 23 September 1963. Charges were preferred against him and he was convicted by a special court-martial on 31 October 1963 of the AWOL offense. He was sentenced to confinement at hard labor for 5 months and a forfeiture of pay.
Also on 31 October 1963, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-208 for unfitness due to his frequent involvement in incidents of a discreditable nature with civil and military authorities. He cited the applicant’s record of misconduct as the basis for his recommendation.
The applicant underwent a neuropsychiatric examination which indicates that the applicant was married, immature, impulsive and continually putting himself into stressful situations. He was experiencing considerable difficulty in military adjustment because of marital difficulties and his ineffective methods of handling them. The examining psychiatrist opined that he was mentally responsible to distinguish right from wrong and to adhere to the right. He recommended that the applicant be administratively separated from the service.
After consulting with counsel, the applicant waived all of his rights and elected not to submit a statement in his own behalf.
The applicant’s commander initiated the action to separate him from the service and the appropriate authority (a major general) approved the recommendation on 14 November 1963 and directed that the applicant be furnished an Undesirable Discharge Certificate.
Accordingly, the applicant was discharged under other than honorable conditions on 26 November 1963, under the provisions of Army Regulation 635-208 for unfitness due to frequent involvement in incidents of a discreditable nature with civil and military authorities. He had served 1 year, 1 month and 7 days of total active service and had 208 days of lost time due to AWOL and confinement.
There is no evidence in the available records to show 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 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel. It provided, in pertinent part, that members who were involved in frequent incidents of a discreditable nature with civil and/or military authorities were subject to separation for unfitness. An undesirable 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. The applicant’s administrative separation was accomplished in accordance with applicable regulations with no procedural errors that would tend to jeopardize his rights.
2. Accordingly, the type of discharge and the reasons therefore were appropriate considering the facts of the case and his otherwise undistinguished record of service.
3. The applicant’s contentions and supporting documents have been noted by the Board; however, they are not sufficiently mitigating to warrant an upgrade of his discharge when compared to his overall undistinguished record of service during such a short period of time.
4. 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.
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
__be____ ___fe___ ___wb___ DENY APPLICATION
| CASE ID | AR2002073058 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/09/10 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1963/11/26 |
| DISCHARGE AUTHORITY | AR635-208 |
| DISCHARGE REASON | Unfit |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 583 | 144.5000/a51.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 20040010498C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 August 2005 DOCKET NUMBER: AR20040010498 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. There is no evidence in the available records to show 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. It is also noted that...
ARMY | BCMR | CY2001 | 2001056270C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: There is no evidence 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 | BCMR | CY2009 | 20090021841
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 19 March 1963, the applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Undesirable Habits and Traits of Character) for unfitness due to his frequent involvements in incidents of a discreditable nature with civil and military authorities. However, there is no evidence in the available records to show he...
ARMY | BCMR | CY2002 | 2002081395C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: On 18 May 1966, the applicant's commander initiated a recommendation to separate the applicant from the service under the provisions of Army Regulation 635-208 for unfitness, due to his frequent involvement in incidents of a discreditable nature with civil/military authorities.
ARMY | BCMR | CY1996 | 9606824C070209
He recommended that the applicant be separated from the Army under the provisions of Army Regulation 635-209 for unsuitability. On 22 July 1963 the applicants commanding officer recommended that the applicant be discharged with an undesirable type discharge under the provisions of Army Regulation 635-208 for unfitness. He stated that he was recommending discharge under Army Regulation 635-208 for unfitness instead of Army Regulation 635-209 for unsuitability as recommended by the...
ARMY | BCMR | CY2006 | 20060004195C070205
Thomas Ray | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his undesirable discharge be upgraded to honorable. There is no evidence in the available records to show 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 | BCMR | CY2009 | 20090006283
On 11 December 1962, the applicant's immediate commander recommended that the applicant be eliminated from the service under the provisions of Army Regulation 635-208 (Personnel Separations) by reason of unfitness and be furnished an Undesirable Discharge Certificate. After carefully considering all the evidence in his case, the board unanimously found that the applicant was unfit for further military service and recommended that he be separated under the provisions of Army Regulation...
ARMY | BCMR | CY2006 | 20060004467C070205
Thomas Ray | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence in the available records to show 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. 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...
ARMY | BCMR | CY2002 | 2002081500C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2007 | 20070000693
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 June 2007 DOCKET NUMBER: AR20070000693 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 12 June 1963, the separation authority approved the recommendation for separation and directed that he be issued an undesirable discharge. Since the applicants record of service included seven nonjudicial...