| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Mr. Ronald J. Weaver | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded.
APPLICANT STATES: In effect, that the discharge was unfair because of the arbitrary and capricious action of an officer involved in his case.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted and entered active duty on 22 December 1958. He was 20 years and 3 months old and had an 8th grade education. He completed 6 months of service and training as an infantryman with excellent conduct and efficiency ratings.
The applicant was twice convicted by special court-martial of AWOL offenses and received unsatisfactory ratings. On 25 June 1960 he appeared, with counsel, before a board of officers that was convened to consider whether he should be eliminated from the service. The Board considered the applicant's record and heard testimony from his chain of command to the effect that he required very close supervision and had been counseled many times by his various leaders. He just did not seem to care about the quality of his duty performance. He had the same difficulty under several different supervisors. He had not asked for a transfer.
The applicant testified in his own behalf that he had been in the company for about a year. He did not feel that he had been picked-on. He liked the Army, but the airborne had failed to meet his expectations. He had not asked for a transfer because he had been told that he would suffer reprisals. Although he liked jumping, if he had a chance to terminate, he would do so.
The board of officers recommended separation for unfitness with an undesirable discharge and the separation authority approved that recommendation. On 27 June 1960 the applicant was separated under the provisions of Army Regulation 635-208. He had 1 year and 5 months of creditable service and 37 days lost time.
Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness. Separation action was to be taken when the commander determined that the best interest of the service would be served by eliminating the individual concerned and that rehabilitation was impracticable or that reasonable attempts to rehabilitate or develop the individual to be a satisfactory soldier were unlikely to succeed. Unfitness included frequent incidents of a discreditable nature with military or civil authorities and an established pattern of shirking. The regulation precluded the setting of arbitrary
standards, such as a certain number of courts-martial convictions, as a prerequisite to administrative elimination. An undesirable discharge was normally considered appropriate; however, in unusual circumstances, a general or honorable discharge was authorized.
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 light of his testimony at the board of officers, his current assertion fails to demonstrate an error or injustice in the discharge.
2. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
3. 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.
4. 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
__MHM__ __CLG__ _RJW____ DENY APPLICATION
| CASE ID | AR2002075520 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030204 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19600627 |
| DISCHARGE AUTHORITY | AR635-208 |
| DISCHARGE REASON | A50.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | A94.11 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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