| Mr. Carl W. S. Chun | Director | |
| Mrs. Victoria A. Donaldson | Analyst |
| Ms. Celia Adolphi | Chairperson | |
| Mr. Ted S. Kanamine | Member | |
| Mr. Conrad V. Meyer | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to general under honorable conditions.
APPLICANT STATES: In effect, that he had no choice but to leave the Army due to family hardship and that he was raped by military personnel while confined to the stockade in Fort Dix, New Jersey.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 8 July 1968 for a period of 3 years. He successfully completed basic training and advanced individual training.
On 24 March 1969, the applicant was convicted by special court-martial of being absent without leave (AWOL) from 26 October 1968 to 18 February 1969. He was sentenced to confinement at hard labor for one month and forfeiture of $41.00 per month for one month.
On 6 September 1969, the applicant was convicted by special court-martial of being absent without leave (AWOL) from 31 March 1969 to 15 July 1969. He was sentenced to confinement at hard labor for six months and forfeiture of $55.00 per month for six months.
On 5 November 1969, the commander of the Special Processing Detachment of the United States Army Training Center at Fort Dix, New Jersey, recommended that the applicant be eliminated from the service under the provisions of paragraph 6a, Army regulation 635-212 by reasons of unfitness and that an undesirable discharge certificate be furnished.
The applicant underwent a psychiatric examination on 30 July 1969. The applicant was psychiatrically cleared for any action deemed appropriate by command, including administrative separation. The psychiatrist further opined that correctional efforts would not improve military performance.
The applicant was separated on 24 November 1969 under the provisions of paragraph 6a, Army regulation 635-212 by reasons of unfitness and furnished an undesirable discharge certificate. He had served 3 months and 25 days with 384 days of lost time due to AWOL and confinement.
Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness. 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, and advisory opinion(s), it is concluded:
1. The Board considered the applicant's contention that he had no choice to leave the Army because of hardship. However, there is no evidence in the applicant's service record and the applicant has provided no evidence which supports this claim.
2. The Board also considered the applicant's contention that he was raped by two members of the military while he was confined to the stockade in Fort Dix, New Jersey and that he reported this incident to his commander. There is no evidence and the applicant has provided no evidence which supports this claim. Therefore, there is no basis for this claim.
3. The Board noted that the applicant contends that he should be granted relief because he served in the Army over 2 years. However, the applicant's service personnel records show that he only served 3 months and 25 days with 384 days lost due to AWOL and confinement.
4. The Board reviewed the applicant's record of service and determined that his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel. Therefore, he is not entitled to an honorable discharge.
5. The Board reviewed the applicant's record of service which included two special court-martial convictions and 384 days lost. As a result, the Board determined that his record of service was not satisfactory. Therefore, the applicant is not entitled to a general discharge.
6. The applicant's administrative separation was in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. The type of discharge and reason for separation were appropriate considering all of the facts of the case.
7. 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.
8. 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
___CA __ ___TSK__ ___CVM_ DENY APPLICATION
| CASE ID | AR2002076750 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20021210 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0200.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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