| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely . | Analyst |
| Ms. Margaret K. Patterson | Chairperson | ||
| Mr. Christopher J. Prosser | Member | ||
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that his UD should be upgraded to an HD because he was sodomized by a sergeant and his only crime was being too young and afraid. In support of his application, he submits a copy of his certificate of birth.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center (NPRC) fire in 1973. The information herein was gleaned from a copy of a Certification of Military Service (NA Form 13038), dated 7 May 1993, published by the NPRC, National Archives and Records Administration (NARA).
A discharge packet, containing the specific facts and circumstances surrounding the applicant’s discharge from the Army was not available to the Board for review. However, there was a copy of a NA Form 13038 on file, dated 7 May 1993, which verified the applicant’s military service in the Army.
The NA Form 13038 confirmed that the applicant entered the Regular Army on 20 July 1955, and that he continuously served on active duty until 5 June 1956, at which time he was undesirably discharged, in the rank of private. This document does not provide the authority and reason for his discharge or any other information in regard to the facts and circumstances surrounding his discharge or separation processing.
Army Regulation 15-185, the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records. Paragraph 2-9 states, in pertinent part, that the Army Board for Correction of Military Records begins its consideration of each case with the presumption of administrative regularity and the burden of proving error or injustice by a preponderance of the evidence rests with the applicant.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:
1. The Board notes the contentions of the applicant that his discharge should be upgraded because he was sodomized by a sergeant and his only crime was being too young and afraid. However, it finds insufficient evidence to support this claim.
2. By regulation, the applicant must prove error or injustice by a preponderance of the evidence that a material error or injustice exists in the military record in order for the Board to recommend a correction to the military records. Because his records were lost or destroyed in the fire at the NPRC, the applicant’s record is void of facts and circumstances concerning events that led to his discharge from the Army. Therefore, lacking evidence to the contrary, the Board is compelled to presume government regularity in the discharge process, and it finds insufficient evidence has been provided to support the requested relief in this case.
3. 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.
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
__MKP__ __CJP __ _ _HBO __ DENY APPLICATION
| CASE ID | AR2002074092 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/08/29 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19560605 |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 144.9301 | 105.0100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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