| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. John N. Slone | Chairperson | ||
| Mr. Donald P. Hupman, Jr. | Member | ||
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that he was not aware that the law provided the opportunity to request an upgrade his UD to an HD. He states that his brother’s death caused his misconduct and use of drugs. He further states that he was denied a hardship discharge while stationed at Fort Dix, New Jersey. He now feels that he served his country and has been unfairly denied benefits. In support of his application, he submits a copy of his separation document
(DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
On 28 February 1964, he entered active duty in the Regular Army for 3 years. He completed training in, was awarded, and served in military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).
The applicant’s record shows that the highest rank he held on active duty was private first class/E-3, and that the only award he received was the National Defense Service Medal. No other acts of valor, significant achievement, or service warranting special recognition are documented in his record. Further, the applicant’s Military Personnel Records Jacket (MPRJ) contains no evidence showing that he applied for or was denied a hardship discharge.
The applicant’s record does document an extensive disciplinary history, which includes his conviction by special courts-martial on the following three separate occasions for the offenses indicated: 27 May 1965, for wrongfully possessing one pack of cigarettes containing a habit forming narcotic drug; 1 June 1966, for being absent without leave (AWOL) from on or about 15 October to on or about 21 December 1965 and on or about 7 January 1966 to on or about 15 March 1966; and 5 July 1967, for being AWOL from on or about 31 October 1966 to on or about 23 May 1967.
In addition, the applicant accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 18 July 1965, for failing to go to his appointed place of duty and on 12 August 1965, for disobeying the lawful order of a noncommissioned officer (NCO).
The applicant’s unit commander notified him that separation action was being initiated to eliminate him from the Army under the provisions of Army Regulation 635-212, for unfitness. The commander stated that the basis for the separation action was the applicant’s extensive disciplinary history that included three periods of AWOL, totaling 338 days, and three convictions by special
courts-martial.
On 10 August 1967, the applicant acknowledged receipt of the separation action notification. He consulted legal counsel, who advised him of the basis for the contemplated separation action, its effects, and of the rights available to him. At the conclusion of this counseling, the applicant completed his election of rights by waiving consideration of his case by a board of officers and the right to consulting counsel, and electing not to submit a statement in his own behalf.
On 21 August 1967, the separation action was approved by the appropriate authority. On 18 September 1967, the applicant was discharged from the Army with an UD. At the time of his discharge, he had completed a total of 2 years,
1 month, and 17 days of creditable active military service, and he had accrued 514 days of time lost due to AWOL and confinement.
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statue of limitations.
Army Regulation 635-212, in effect at the time, sets forth the basic authority for the separation of enlisted personnel who are found unfit or unsuitable for further military service. Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil 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, and it is concluded:
1. The Board notes the applicant’s contentions that his brother’s death caused his misconduct and use of drugs, and that he was denied a hardship discharge. However, it finds no evidence or record or independent evidence to support these claims.
2. The applicant’s administrative separation was accomplished in compliance with applicable regulations. The Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
3. Further, after full consideration of his entire record, the Board finds that the character of the applicant’s discharge is commensurate with his overall record of service. Therefore, it concludes that an upgrade of his discharge is not warranted at this 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
__JNS__ __DPH___ __WDP__ DENY APPLICATION
| CASE ID | AR2002074782 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/09/12 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19670918 |
| DISCHARGE AUTHORITY | AR635-212. . . . . |
| DISCHARGE REASON | unfitness |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.6400 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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