| Mr. Carl W. S. Chun | Director | |
| Mrs. Judy Blanchard-Miller | Analyst |
| Mr. John N. Slone | Chairperson | ||
| Mr. Donald P. Hupman, Jr. | Member | ||
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to an honorable discharge.
APPLICANT STATES: In effect, that about 1 year after he enlisted in the Army, he started receiving letters and phone calls from his brothers, his sisters and from the family minister regarding his father and mother’s conditions at home. One of his brothers told him that his father had become an abusive alcoholic and that their lives had become a living hell. He states, that his mother was forced to work and support the family and that he became very concerned about his family problems. So, he went to his commander with letters and asked for compassionate leave, his request for leave was denied. He was besieged with calls for help for 3 months after his denial. The pressure became so great that he decided to go absent without leave (AWOL). However, he planned to return to the Army when things cleared up. When he arrived home, he found that his mother’s job did not pay enough to support the family and his father was taking any money that he could to support his drinking. The applicant believed, that the only solution to the problem was to stay home and get a job to support his family. After being AWOL for about 4 months, he realized that things were getting better and decided to turn himself in. But before he could turn himself in, two military police showed up and took him to Fort Bragg, North Carolina. He received a court-martial and a UD. The applicant submits a letter in support of his application.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.
On 16 August 1962, the applicant enlisted in the Regular Army for a period of
3 years. His military occupational specialty was 640.00 (Light Vehicle Driver). The highest grade he achieved was pay grade E-2.
On 11 March 1963, the applicant accepted nonjudicial punishment (NJP), under Article 15, Uniform Code of Military Justice (UCMJ), for being AWOL from 8 to
11 March 1963. His imposed punishment was 14 days restriction and an oral reprimand.
On 28 June 1963, the applicant accepted an NJP under Article 15, UCMJ, for being disrespectful in language toward a superior noncommissioned officer. His imposed punishment was a forfeiture of $15.00 pay, 14 days restriction and extra duty.
On 29 June 1964, the applicant was convicted by a special court-martial of two specifications of being AWOL from 12 September to 8 October 1963 and from
9 November 1963 to 7 April 1964. He was sentenced to confinement at hard labor for 6 months, a forfeiture of $30.00 pay per month for 6 months and a reduction to pay grade E-1.
On 6 July 1964, a medical examination found the applicant fit for retention.
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 26 August 1964, under the provisions of Army Regulation 635-208, for unfitness, and was issued a UD.
Army Regulation 635-208, in effect, provided, in pertinent part, the policies, procedures, and guidance for the elimination of enlisted personnel who were determined to be unfit for further military service. However, at the time of the discharge a UD was normally considered appropriate.
There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.
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. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.
3. The contentions of the applicant have been noted. While the Board is empathetic, the applicant's personal problems are not sufficiently mitigating to warrant an upgrade of his discharge.
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
__JNS__ __DPH___ __WDP__ DENY APPLICATION
| CASE ID | AR2002075923 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/09/12 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1964/08/26 |
| DISCHARGE AUTHORITY | AR235-208 |
| DISCHARGE REASON | A50.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1.144.500 | |
| 2. | |
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