| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | 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 an honorable discharge.
APPLICANT STATES: That his discharge was inequitable because of his age and his lack of education. He states that he was young and immature and he did not believe that he fit in with the others in his unit. He further states that serving in the military was a very important part of his life and his behavior as a young adult should not be a reflection of his life as it is today as he has required a considerable amount of sobriety time. He concludes by stating that the mistakes that he made should not be held against him any longer.
EVIDENCE OF RECORD: The applicant's military records show:
On 27 September 1971, he enlisted in the Army at age 17 with parental consent, in the pay grade of E-1. He successfully completed his training as a supply clerk.
Nonjudicial punishment (NJP) was imposed against the applicant on 7 December 1971, for being disorderly in quarters. His punishment consisted of a forfeiture of pay, restriction and extra duty.
The applicant was promoted to the pay grade of E-2 on 27 January 1972.
On 8 February 1972, NJP was imposed against him for failure to go to his appointed place of duty. His punishment consisted of a forfeiture of pay, restriction and extra duty.
He had NJP imposed against him on 19 July 72, for failure to go to his appointed place of duty. His punishment consisted of restriction and extra duty.
On 21 July 1972, NJP was imposed against the applicant for being absent from his unit from 10 May until 3 June 1972. His punishment consisted of an oral reprimand.
The applicant had NJP imposed against him again on 26 January 1973, for being disrespectful toward his superior noncommissioned officer and for two incidents of disobeying a lawful order. His punishment consisted of a restriction and extra duty.
On 7 March 1973, NJP was imposed against him for being absent from his unit from 4 March until 5 March 1973. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay and extra duty.
On 18 May 1973, NJP was imposed against the applicant for being absent from his unit from 16 until 25 April 1973 and for failure to go to his appointed place of duty. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, restriction and extra duty.
The available records show that the applicant was absent without leave from 3 July until 1 August 1973. However, the records fail to show if punishment was imposed against him for his AWOL offense.
The facts and circumstances pertaining to the applicant's discharge are not on file. The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 17 August 1973, under the provisions of Army Regulation 635-200, chapter 13, for unfitness based on frequent involvement in incidents of a discreditable nature with military authorities. He had completed 1 year, 10 months and 21 days of total active service. He was furnished an Undesirable Discharge Certificate.
There is no evidence of record that shows 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 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unfitness. Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense. 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, 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. It appears that the type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
3. The applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief. The Board notes that he had NJP imposed against him at least 7 times for his acts of misconduct. The character of the discharge appears to be commensurate with his overall record.
4. In the absence of evidence to the contrary and considering the applicant's numerous acts of indiscipline, it does not appear that his undesirable discharge was too inequitable or unjust.
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 | AR2002075160 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/11/07 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1973/08/17 |
| DISCHARGE AUTHORITY | AR 635-200, ch 13 |
| DISCHARGE REASON | Unfitness |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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