| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. James E. Anderholm | Member |
APPLICANT REQUESTS: That his general discharge be upgraded to honorable.
APPLICANT STATES: That he was found innocent and that all charges were dismissed.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Fresno, California, on 16 October 1974, for a period of 3 years, training as a wheel vehicle mechanic and assignment to Fort Ord, California. He was transferred to Fort Ord to undergo all of his training and remained there afterwards.
On 4 February 1975, while attending his advanced individual training (AIT), nonjudicial punishment (NJP) was imposed against him for the wrongful possession of marijuana. His punishment consisted of a verbal reprimand, a forfeiture of pay, extra duty and restriction.
On 8 July 1975, NJP was imposed against him for failure to go to his place of duty. His punishment consisted of extra duty.
On 19 September 1975, NJP was again imposed against him for the wrongful possession of marijuana. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.
His records show that he went absent without leave (AWOL) from 8 June through 14 June and 31 August through 5 September 1976. However, the record is silent as to any punishment imposed for those offenses.
On 17 September 1976, the applicant’s commander initiated action to separate him from the service under the provisions of Army Regulation 635-200, chapter 13, for unsuitability due to apathy, defective attitudes and inability to expend effort constructively. He cited as the basis for his recommendation, the applicant’s disciplinary record, his failure to respond to repeated counseling sessions, his total lack of respect for military authority, his lack of responsibility and his inability to be trusted to accomplish a task without constant supervision.
After consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.
The appropriate authority approved the recommendation on 7 October 1976 and directed that he be issued a General Discharge Certificate.
Accordingly, he was discharged under honorable conditions on 22 October 1976, under the provisions of Army Regulation 635-200, chapter 13, for unsuitability due to apathy, defective attitude or inability to expend effort constructively. He had served 1 year, 11 months and 26 days of total active service and had 13 days of lost time due to AWOL.
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 635-200, chapter 13, in effect at the time, established policy and provided guidance for eliminating enlisted personnel found to be unfit or unsuitable for further military service. An individual could be found unsuitable for various reasons that included apathy (lack of appropriate interest), defective attitudes, inability to expend effort constructively, inaptitude, personality disorder or homosexuality. An honorable or general discharge was required as warranted by the individual’s military record of service.
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 discharge was accomplished in accordance with applicable regulations in effect at the time with no indication of any procedural errors that would tend to jeopardize his rights.
2. Accordingly, the type of discharge and the reasons therefore were appropriate given the circumstances 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
___mm__ __ja ____ ___jlp ___ DENY APPLICATION
| CASE ID | AR2002074439 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/10/08 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 1976/10/22 |
| DISCHARGE AUTHORITY | AR635-200/CH13 |
| DISCHARGE REASON | UNSUIT |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 547 | 144.4000/A40.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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