| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Ms. Barbara J. Ellis | Member | ||
| Mr. William D. Barr | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge under honorable conditions.
APPLICANT STATES: That he has been an outstanding citizen since his discharge. He is a family man and a positive, respected, outgoing person in his community. It was possible that, during his service during the Vietnam era, that he may have developed anxiety due to family and friends who were either wounded or killed in action. He provides five character witness statements and his Report of Transfer or Discharge, DD Form 214, as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 12 December 1967. He completed basic combat training.
On 3 March 1968, the applicant was arrested by civil authorities on a charge of incest. He was tried and convicted on 12 July 1968 and was sentenced by the Circuit Court of Cook County, IL to 5 years probation with the first year in confinement at the Illinois State Farm, Vandalia, IL.
On or about 2 August 1968, the applicant's commander initiated separation action under the provisions of Army Regulation 635-206 for misconduct, conviction by a civil court.
On 2 August 1968, the applicant waived military counsel, waived appointment of military counsel to him in his absence in presenting his case before a board of officers, elected not to submit a statement in his own behalf, and indicated that he did not intend to appeal his conviction.
On 23 August 1968, the applicant’s commander formally recommended the applicant's separation under the provisions of Army Regulation 635-206 for misconduct, conviction by a civil court.
On 11 September 1968, the appropriate authority approved the recommendation and directed the applicant receive an undesirable discharge.
On 13 September 1968, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-206 for civil conviction with an undesirable discharge. He had completed 2 months and 21 days of creditable active service and had 195 days of lost time.
Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct (fraudulent entry, conviction by civil court, and absence without leave or desertion). That regulation provided, in pertinent part, for the elimination of enlisted personnel for misconduct when they were initially convicted by civil authorities, or action taken against them which is tantamount to a finding of guilty, of an offense for which the maximum penalty under the Uniform Code of Military Justice is death or confinement in excess of 1 year.
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 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.
2. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. While the Board has taken cognizance of his good post-service conduct, this factor does not warrant granting the relief requested.
3. 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
__FNE __ __ BJE _ __WDB __ DENY APPLICATION
| CASE ID | AR2002075108 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/09/10 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1968/09/13 |
| DISCHARGE AUTHORITY | AR 635-206 |
| DISCHARGE REASON | A61.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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