| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. William D. Powers | Member | |
| Ms. Linda M. Barker | Member |
APPLICANT REQUESTS: That his character of service be changed from "under other than honorable conditions" to "undesirable."
APPLICANT STATES: That he was issued a DD Form 258A, which is an undesirable discharge and not a DD Form 260, which is a dishonorable discharge. He claims that he needs an upgrade to receive VA [Veterans Administration] medical care.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 7 August 1957 for a period of three years. He successfully completed basic and advanced individual training and served in Germany from 8 March 1958 through 25 January 1960.
On 7 August 1959, the applicant was convicted by a special court-martial of resisting lawful apprehension by armed forces policemen, unlawfully striking a male German National, and wrongfully possessing an illegal pass. He was sentenced to be restricted to company area for 2 months, suspended 4 months sentence at confinement at hard labor and to forfeit $70.00 per month for 6 months and reduction to RCT [recruit] E-1.
The applicant was convicted by a summary court-martial on 31 August 1959 of breaking restriction to company area. He was sentenced to forfeiture of $70.00 per month for 1 month.
On 10 October 1959, he underwent a psychiatric evaluation and was diagnosed as having aggressive reaction. The psychiatrist recommended that the applicant be continued on duty until command decision is reached as to whether or not he should be retained in the Service.
On 21 October 1959, the applicant was convicted by a special court-martial of being absent from his unit, unlawfully striking another soldier and being drunk and disorderly in the Military Police Station in Germany. He was sentenced to confinement at hard labor for 4 months (suspended), forfeiture of $55.00 per month for 6 months and restriction to company area for 2 months.
On 26 October 1959, the applicant was counseled and notified by his unit commander of initiation of separation action under the provisions of Army Regulation 635-208, for unfitness. The applicant requested a hearing by a board of officers, requested representation by counsel, and did not submit a statement in his own behalf.
The applicant underwent another psychiatric evaluation on 4 December 1959. The psychiatrist recommended retention in the service, until and if, his behavior reverts to the original basis for initiating board action.
The applicant appeared before a board of officers under the provisions of Army Regulation 635-208 on 15 December 1959 with military counsel. The board of officers recommended that the applicant be discharged from the service under the provisions of Army Regulation 635-208 because of unfitness with an undesirable discharge.
The applicant was convicted again on 24 December 1959 by a summary court-martial of breaking restriction to company area. He was sentenced to confinement at hard labor for 1 month and forfeiture of $70.00 for 1 month.
On 20 January 1960, the separation authority approved the board findings and directed that the applicant be discharged under the provisions of Army Regulation 635-208 with an undesirable discharge.
Accordingly, the applicant was discharged on 6 February 1960 under the provisions of Army Regulation 635-208, for unfitness due to frequent incidents of a discreditable nature with civil or military authorities. At the time of his discharge, he had completed 2 years, 5 months and 5 days of creditable service. He had 26 days of lost time due to confinement.
Item 13a (Character of Service) on the applicant's DD Form 214 shows the entry "UNDER OTHER THAN HONORABLE CONDITIONS." Item 13b (Type of Certificate Issued) on his discharge document shows he was issued a DD Form 258A (Undesirable Discharge Certificate).
On 3 October 1968, the applicant applied to the ADRB for an upgrade of his discharge to general. The ADRB determined that the applicant’s discharge was proper and equitable and voted to deny the applicant’s request.
Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness. Section II of the regulation provided, in pertinent part, for the separation of personnel for frequent incidents of a discreditable nature with civil or military authorities. An undesirable discharge was normally considered appropriate.
Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that the character of service will be entered in item number 13a of the DD Form 214. The regulation directs that one of the following in capital letters will be entered in this item: "HONORABLE," "UNDER HONORABLE CONDITIONS," OR "UNDER OTHER THAN HONORABLE CONDITIONS." Item number 13b will contain the certificate issued (other than DD Form 214) e.g., "DD Form 256A" [Honorable Discharge]; "DD Form 257A" [General Discharge]; "DD Form 258A" [Undesirable Discharge]; and "DD Form 259A" [Bad Conduct 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. The Board considered the applicant's request to change his character of service from "under other than honorable conditions" to "undesirable."
2. Records show the applicant was discharged under the provisions of Army Regulation 635-208, for unfitness – frequent incidents of a discreditable nature with civil or military authorities with issuance of an undesirable discharge.
3. As a result, the applicant's DD Form 214 was prepared to properly reflect "UNDER OTHER THAN HONORABLE CONDITIONS" in item 13a and to show "DD Form 258A" in item 13b in accordance with the governing regulation then in effect.
4. Based on the foregoing, the applicant's DD Form 214 is correct as currently constituted and there is no basis for granting the applicant's request.
5. 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.
6. 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
RJW____ WDP____ LMB_____ DENY APPLICATION
| CASE ID | AR2002079534 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030304 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19600606 |
| DISCHARGE AUTHORITY | AR635-208 |
| DISCHARGE REASON | Unfitness – Incidents of a discreditable nature with civil or military authorities |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 144.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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