Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002074708C070403
Original file (2002074708C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 November 2002
         DOCKET NUMBER: AR2002074708

         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.

Mr. Carl W. S. Chun Director
Mrs. Joyce A. Hall . Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Roger W. Able Member
Mr. Hubert O. Fry Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. 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 correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his undesirable discharge be upgraded to an honorable discharge.

APPLICANT STATES: In effect, that he only reenlisted because he was promised training as a helicopter mechanic. The training did not materialized and because promises were broken he was absent without leave (AWOL).

EVIDENCE OF RECORD: The applicant's military records show:

The applicant initially enlisted in the Regular Army on 12 May 1961 for 3 years.
On 23 December 1963 he was honorably discharged for the purpose of immediate reenlistment. On 24 December 1963 the applicant reenlisted for
3 years.

While assigned to a unit at Fort Sill, Oklahoma, the applicant accepted nonjudicial punishment (NJP, under Article 15, Uniform Code of Military Justice (UCMJ), for being AWOL from 20 to 23 May 1963. His imposed punishment was a reduction to pay grade E-2 (suspended for 6 months), a forfeiture of $28.00, and 14 days restriction.

On 5 February 1964, the applicant accepted NJP for disobeying a lawful order and for being AWOL from his unit from 0600 hours on 3 February to 2300 hours
on 4 February 1964. The punishment imposed was reduction to pay grade
E-2, forfeiture of $28.00, and 14 days restriction.

On 31 March 1964, the applicant was convicted by a special court-martial (SPCM) of being AWOL from 6 to 9 March 1964 and from 9 to 20 March
1964. He was sentenced to a forfeiture of $50.00 pay per month for 6 months and confinement at hard labor for 6 months (suspended for 6 months).

A mental status evaluation and a separation medical examination found the applicant qualified for separation. He was considered mentally and physically competent to participate in board proceedings.

The applicant's DA Form 24 (Service Record) shows additional periods of AWOL and confinement. However, the facts concerning those periods of AWOL are missing from his records.

The facts and circumstances surrounding the applicant's discharge are not present in the available records. However, his DD Form 214 indicates that on
17 June 1964 he was discharged with an undesirable discharge under the provisions of Army Regulation 635-208 for unfitness. He had served 3 months and 17 days of total active service this enlistment and had 67 days lost time due to AWOL and confinement.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness. Section II of the regulation
Provided, in pertinent part, for the separation of personnel for frequent
involvement in incidents of a discreditable nature with civil or military authorities.
An undesirable discharge was normally considered appropriate.

Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.
The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual.

Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the soldier's separation specifically allows such characterization.

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 considered the applicant's request to upgrade his discharge from an undesirable discharge to an honorable discharge.

2. The facts and circumstances surrounding the applicant's discharge are not available.

3. The Board reviewed the available records pertaining to the applicant's service, which included two NJPs and one SPCM for periods of AWOL.

4. Based on the applicant's record of indiscipline, the Board determined that his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel. Therefore, the applicant did not meet the criteria for an honorable discharge. The Board also determined the applicant's service was not satisfactory; therefore, he did not meet the criteria for a general discharge.

5. In the absence of evidence to the contrary, it must be presumed that the applicant's separation under the provisions of Army Regulation 635-208 was administratively correct and in conformance with applicable regulations.
In view of the foregoing, there is no basis for granting the applicant's request.
6. 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.

7. 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

__SAC__ __RWA__ ___HOF__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002074708
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/11/26
TYPE OF DISCHARGE UD
DATE OF DISCHARGE 1964/06/17
DISCHARGE AUTHORITY AR635-208
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY A51.00
ISSUES 1. 144.5000
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2004 | 20040008869C070208

    Original file (20040008869C070208.doc) Auto-classification: Denied

    On 18 August 1962, he was assigned to Fort Benning, Georgia for completion of airborne training. He had completed 2 years, 1 month and 16 days of active military service. The available evidence does not indicate the applicant applied to the Army Discharge Review Board under that board's 15-year statute of limitation.

  • ARMY | BCMR | CY2001 | 2001058046C070420

    Original file (2001058046C070420.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. He was assigned a RE-3 code after having served 2 years, 1 month, and 15 days of active service and having accrued a total of 117 days of lost time. The Board is satisfied that the applicant’s discharge and RE-3B code accurately reflected his overall record of service and reenlistment eligibility at the time of his separation.

  • ARMY | BCMR | CY2007 | 20070013857

    Original file (20070013857.txt) Auto-classification: Denied

    On 7 September 1965, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness, with an undesirable discharge and a characterization of service of under other than honorable conditions. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Therefore, there is insufficient evidence that would warrant granting the relief requested.

  • ARMY | BCMR | CY2007 | 20070013857

    Original file (20070013857.doc) Auto-classification: Denied

    On 7 September 1965, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness, with an undesirable discharge and a characterization of service of under other than honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Therefore, there is insufficient evidence that would warrant granting the relief requested.

  • ARMY | BCMR | CY2014 | 20140011344

    Original file (20140011344.txt) Auto-classification: Denied

    The applicant requests the discharge of her deceased husband, a former service member (FSM), be upgraded from under other than honorable conditions to a general discharge. The convening authority approved the board of officers' findings and recommendation and ordered the FSM discharged because of unfitness and be furnished an Undesirable Discharge Certificate. Based on his extensive history of misconduct and record of indiscipline, the FSM's service clearly does not meet the standards of...

  • ARMY | BCMR | CY2009 | 20090008042

    Original file (20090008042.txt) Auto-classification: Denied

    When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The evidence of record shows that the applicant received one NJP and three special courts-martial convictions. Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct for Army personnel.

  • ARMY | BCMR | CY2007 | 20070017087C080407

    Original file (20070017087C080407.doc) Auto-classification: Denied

    The DD Form 214 issued to the applicant on 17 June 1965 shows he completed a total of 1 year, 9 months and 24 days of creditable active military service and that he accrued 160 days of time lost due to AWOL and confinement. Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel who were found unfit or unsuitable for further military service. While the separation authority could grant a general, under honorable conditions...

  • ARMY | BCMR | CY2006 | 20060007729C070205

    Original file (20060007729C070205.doc) Auto-classification: Denied

    The separation authority approved the recommendation for separation and directed that he be issued an undesirable discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. Therefore, the FSM's record of service is insufficiently meritorious to warrant an honorable discharge or general discharge.

  • ARMY | BCMR | CY2015 | 20150005259

    Original file (20150005259.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his general discharge (GD) (i.e., an upgrade of his under other than honorable conditions (UOTHC) discharge) to an honorable discharge (HD). ____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

  • ARMY | BCMR | CY2003 | 2003087830C070212

    Original file (2003087830C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 1 April 1966, the applicant accepted NJP for being absent from his unit on 23 March 1966. 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: