PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002075241


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirley L. Powell		Member
Mr. Elzey J. Arledge, Jr.		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests that his undesirable discharge be upgraded and that his social security account number (SSAN) on his Report of Transfer or Discharge, DD Form 214, for the period ending 23 August 1962 be corrected.

3. The applicant states that he feels his personal financial shortcomings should not have warranted a discharge at all. Due to his current failing health, he would like veteran's burial rights. Also, he feels disgraced when he discusses his military service with his son and son-in-law. He provides his two DD Forms 214 as supporting evidence.

4. The applicant’s military records show that he was born on 15 June 1941. He was inducted into the Army on 5 October 1960. He completed basic combat training and advanced individual training and was awarded military occupational specialty 941.10 (Cook). His Service Record, DA Form 24, shows his SSAN as ___-__- 1481. He was honorably discharged on 6 March 1961 for the purpose of immediately reenlisting on 7 March 1961. His DD Form 214 for this period, item 32 shows his SSAN as ___-__-1481.

5. Documents on file show the applicant had a wife and two young children.

6. A letter dated 14 February 1962 showed the applicant was indebted to a local grocer for groceries, gas, etc., in the amount of $122.32. A letter dated 21 April 1962 showed he was indebted to an auto store for a balance of $84.50 of which $28.00 was delinquent (and later $56.00 delinquent). A letter dated 29 May 1962 showed he was indebted to another local grocer in the amount of $73.19. A letter dated 23 July 1962 showed he was indebted to the Fort Gordon, GA Noncommissioned Officer Open Mess in the amount of $10.00. An undated letter showed he was indebted to a local jeweler in the amount of about $59.65.

7. On 14 June 1962, the applicant's commander recommended his reduction from Specialist Four, E-4 to Private, E-2 for inefficiency because his continuous history of complete financial irresponsibility, gross carelessness, dishonesty, and evasiveness of private indebtedness and financial obligations made him ineffective and inefficient. The appropriate authority reduced him for inefficiency on 19 June 1962.

8. On 12 July 1962, the applicant received a psychiatric evaluation. No psychiatric disease was found. He was found to possess sufficient mental capacity to know the difference between right and wrong and to adhere to the right, to be mentally responsible for his acts, and to have the mental capacity to understand and participate in board proceedings.

9. On 26 July 1962, the applicant’s commander recommended he be separated under the provisions of Army Regulation 635-208 for unfitness. He stated the applicant had been counseled by him on a number of occasions and the commander was of the opinion the applicant was completely irresponsible for he had made no effort to help himself out of his dire financial situation. The separation packet noted that there was no record of nonjudicial punishment under Article 15, Uniform Code of Military Justice having been administered to the applicant.

10. On 26 July 1962, the applicant was notified by his commander that he was being recommended for discharge. He waived his right to counsel, waived his right to a hearing before a board of officers, and elected not to submit a statement in his own behalf.

11. On 6 August 1962, the applicant completed a separation physical and was found qualified for separation.

12. On 20 August 1962, the appropriate authority approved the recommendation and directed the applicant receive an Undesirable Discharge Certificate.

13. On 23 August 1962, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness with an undesirable discharge. He had completed a total of 1 year, 10 months, and 19 days of creditable active service. Item 32 of the DD Form 214 for the period ending 23 August 1962 shows his SSAN as ___-__-1421.

14. Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness. The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following: frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts. An Undesirable Discharge Certificate would be furnished. However, if the circumstances in a given case warranted, an Honorable or a General Discharge Certificate would be furnished.

CONCLUSIONS:

1. 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. Failure to pay just debts was a valid reason to separate a soldier for unfitness and the applicant's history of unpaid debts was documented. An Undesirable Discharge Certificate, which he was given, was normally furnished when a soldier was separated for unfitness as he was.

2. However, it is recognized that the applicant had no other record of misconduct other than his failure to pay just debts. While there is no evidence of Government error or injustice and while the Board does not condone his failure to pay his debts, it would be appropriate to now upgrade his discharge to general under honorable conditions as a matter of clemency only.

3. There is an error on the applicant's DD Form 214 for the period ending 23 August 1962 in item 32. The evidence of record shows his SSAN is ___-__-1481, not ___-__-1421.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the applicant was separated from the service with a General Discharge Certificate on 23 August 1962.

2. That the Department issue to the applicant a General Discharge Certificate from the Army of the United States, dated 23 August 1962, in lieu of the Undesirable Discharge Certificate of the same date now held by him.

3. That the applicant's DD Form 214 for the period ending 23 August 1962, item 32 be corrected to show his SSAN as ___-__-1481.

4. That the applicant be issued a new DD Form 214 reflecting the above corrections.

BOARD VOTE:

__FNE__ __SLP__ _ _EJA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075241
SUFFIX
RECON
DATE BOARDED	2002/10/22
TYPE OF DISCHARGE	UD
DATE OF DISCHARGE	1962/08/23
DISCHARGE AUTHORITY	AR 635-208
DISCHARGE REASON	A50.00
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.