| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Mr. Curtis L. Greenway | Member | ||
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge.
APPLICANT STATES: That he was administratively discharged due to his inability to adjust to the Army and he would now like to join the American Legion.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Newark, New Jersey, on 14 June 1960 for a period of 3 years. He was transferred to Fort Dix, New Jersey, to undergo his training.
On 9 January 1961, he was convicted by a special court-martial at Fort Dix of being absent without leave (AWOL) from 24 November to 29 November and 2 December to 30 December 1960. He was sentenced to confinement at hard labor for 4 months, reduction to the pay grade of E-1 and a forfeiture of pay. However, on 15 February 1961, the convening authority remitted the unexecuted portion of his sentence.
On 20 April 1961, he was convicted by a special court-martial of being AWOL from 20 March to 11 April 1961. He was sentenced to confinement at hard labor for 6 months, reduction to the pay grade of E-1 and a forfeiture of pay.
The applicant underwent a neuropsychiatric evaluation and informed the examining psychiatrist that he got tired of the Army and went AWOL. He also stated that he intended to go AWOL again until he was discharged. The psychiatrist opined that he had no psychiatric disease and that he was not amenable to further rehabilitation. He recommended discharge under the provisions of Army Regulation 635-208.
On 4 August 1961, the applicant's commander initiated a recommendation to separate the applicant from the service under the provisions of Army Regulation 635-208, for unfitness based on his frequent involvement in incidents of a discreditable nature with civil/military authorities. He cited as the basis for his recommendation the applicant's disciplinary record and failure to respond to rehabilitation attempts.
After being advised of his rights, the applicant waived all of his rights and elected not to submit a statement in his own behalf.
The appropriate authority (a major general) approved the recommendation on 15 August 1961 and directed that he be furnished an Undesirable Discharge Certificate.
Accordingly, he was discharged under other than honorable conditions on 25 August 1961, under the provisions of Army Regulation 635-208, for unfitness, due to frequent involvement in incidents of a discreditable nature with civil/military authorities. He had served 7 months and 3 days of total active service and had 223 days of lost time due to AWOL and confinement. He was still in a trainee status when he was discharged.
There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness due to frequent involvement in incidents of a discreditable nature with civil/military authorities or for having undesirable habits and traits of character that render then unfit for military service. Separation under this regulation required a medical examination by a physician trained in psychiatry. 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, it is concluded:
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.
2. The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.
3. The Board has noted the applicant's contentions and finds that his service is properly characterized when his undistinguished record of service is considered along with his record of misconduct during such a short period of service.
4. 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.
5. 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
________ ________ ________ DENY APPLICATION
| CASE ID | AR2002081500 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/04/22 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1961/08/25 |
| DISCHARGE AUTHORITY | AR635-208 |
| DISCHARGE REASON | unfit |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 583 | 144.5000/a51.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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