| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Thomas B. Redfern | Member | |
| Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable.
APPLICANT STATES: In effect, that his records were lost three times while he was in the Army and that he worked 7 days a week at the officer’s mess hall without pay, while he was awaiting trial. He goes on to state that he was seen by a psychiatrist at the time who mentioned a medical discharge. He further states that he is currently under a psychiatrist’s care to deal with the problems of being an abused child and that when President Ford offered everyone a pardon, he was ashamed and was still punishing himself. He also states that he loves his country more than anything in the world and now knows what it means to him. In support of his application he submits a letter from his psychiatrist, a letter from his brother and sister and a local criminal records check.
EVIDENCE OF RECORD: The applicant's military records, though somewhat incomplete, show:
He was born on 12 June 1947 and enlisted in Detroit, Michigan, on 15 August 1968, for a period of 2 years.
The facts and circumstances surrounding his discharge are not present in the available records. However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant, which shows that he went absent without leave (AWOL) from 5 January 1969 to 17 March 1971 and from 24 March through 25 March 1971.
The applicant underwent a psychiatric examination at Fort Riley, Kansas, on 8 April 1971. The examining psychiatrist opined that he had a history of faulty judgment, noncommitment to productive goals, an incapacity to respond to rehabilitative efforts, resentment towards authority, and a tendency to go AWOL when stress arises. He indicated that the applicant had no disqualifying mental or physical defects warranting disposition through medical channels, that he was mentally responsible, and that he was able to distinguish right from wrong and adhere to the right.
On 4 June 1971, he was discharged under other than honorable conditions under the provisions of Army Regulation 635-206, for misconduct – prolonged unauthorized absence for more than 1 year (Desertion). He had served 6 months and 26 days of total active service and had 802 days of lost time due to AWOL. He was separated on temporary records and a soldier’s affidavit.
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 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct. It provided, in pertinent part, that members would be processed for separation under that regulation for misconduct, AWOL, desertion, fraudulent entry and conviction by civil authorities. An undesirable discharge was normally considered appropriate.
Army Regulation 635-200, currently in effect, sets forth the basic authority for the separation of enlisted. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion or AWOL. A discharge under other than honorable conditions is 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. In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors, which would tend to jeopardize his rights.
2. Accordingly, the type of discharge directed and the reasons therefore, were appropriate considering all of the available facts of the case.
3. The applicant’s contentions and supporting documents have been noted by the Board, however, they are not sufficiently mitigating to warrant relief when compared to his undistinguished record of service and extensive period of absence.
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
__tbr____ __rvo ___ ___dh___ DENY APPLICATION
| CASE ID | AR2002075038 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/11/07 |
| TYPE OF DISCHARGE | (UD) |
| DATE OF DISCHARGE | 1971/06/04 |
| DISCHARGE AUTHORITY | AR635-206 |
| DISCHARGE REASON | MISCONDUCT |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 627 | 144.6100/A61.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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