| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Mr. Hubert O. Fry | Member | ||
| Ms. Marla J. Troup | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge.
APPLICANT STATES: That he was young and that he exercised poor judgment by going absent without leave (AWOL).
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 his Report of Transfer or Discharge (DD Form 214).
On 23 April 1958, he enlisted in the Army at age 17, in the pay grade of E-1. He successfully completed his training in basic field artillery.
The facts and circumstances pertaining to the applicant's discharge are not on file. The DD Form 214 indicates that the applicant was discharged on 21 November 1958, under the provisions of Army Regulation 635-208, for unfitness. He had completed 1 year, 4 months and 19 days of total active service and he had 71 days of lost time. He was issued an Undesirable Discharge Certificate.
There is no available evidence that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of this discharge within that board’s 15-year statute of limitations.
Army Regulation 635-208, then in effect, set forth the policy and procedures for separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with military or civilian authorities. 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. 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. The Board has noted the applicant’s contentions; however, his contention that he was young and immature at the time is not sufficiently mitigating to warrant the relief requested.
3. In the absence of evidence to the contrary, it is reasonable to presume that what the Army did in his case was correct.
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
__fe ____ ___hof __ __mt____ DENY APPLICATION
| CASE ID | AR2002083441 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/06/17 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19581121 |
| DISCHARGE AUTHORITY | AR 635-208 |
| DISCHARGE REASON | 583 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 583 | 144.5000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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