| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Mr. Mark D. Manning | Member | ||
| Mr. Robert Duecaster | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable.
APPLICANT STATES: That he desires to have his discharge upgraded because he is in need of medical attention and the support of the Department of Veterans Affairs (VA).
EVIDENCE OF RECORD: The applicant's military records show:
He initially enlisted in the Utah Army National Guard (UTARNG) on 23 November 1959 and served until he enlisted in the Regular Army on 16 December 1969, for a period of 3 years and assignment to Europe.
He was transferred to Germany on 31 January 1961 and was assigned to a medium tank battalion. His records show that during his assignment he was assigned to two different companies within the battalion.
During the period of 6 April to 30 May 1962, nonjudicial punishment (NJP) was imposed against him on six separate occasions for missing formations, failure to repair and failure to perform extra duties. His punishment for those offenses was extra duty and restriction.
During the period of 16 September 1961 to 13 June 1962, he was convicted by summary court-martials on three occasions for failure to go to his place of duty. His punishments consisted of hard labor without confinement for 30 days, reduction to the pay grade of E-2 and a forfeiture of pay.
On 10 May 1962, the applicant underwent a psychiatric examination and was found to have no psychiatric disease.
On 26 June 1962, the applicant's commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-208, for unfitness due to his frequent involvement in incidents of a discreditable nature with civil/military authorities. He cited the applicant's disciplinary record, his poor performance and off-duty conduct, his irresponsible attitude, and his failure to respond to numerous counseling sessions and rehabilitations efforts by the chain of command as the basis for his recommendation.
After consulting with counsel, the applicant indicated that he understood the effect an undesirable discharge would have on him and waived his rights. He also indicated that he did not desire any further attempts at rehabilitation by the Army.
The appropriate authority (a major general) approved the recommendation for discharge on 24 July 1962 and directed that he be furnished an Undesirable Discharge Certificate.
Accordingly, he was discharged under other than honorable conditions on 7 August 1962, under the provisions of Army Regulation 635-208, for unfitness, due to his frequent involvement in incidents of a discreditable nature with civil/military authorities. He had served 1 year, 7 months and 22 days of active service during his enlistment.
There is no evidence in the available records that shows that the applicant 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. 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 applicant has failed to convince the Board through the evidence submitted with his application or the evidence of record that his discharge was unjust and should be upgraded.
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
__mdm__ __sac___ __rd ____ DENY APPLICATION
| CASE ID | AR2002083809 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/05/08 |
| TYPE OF DISCHARGE | (UD) |
| DATE OF DISCHARGE | 1962/08/07 |
| DISCHARGE AUTHORITY | AR635-208 |
| DISCHARGE REASON | UNFIT |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 583 | 144.5000/A51.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001056270C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
ARMY | BCMR | CY2002 | 2002074556C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: On 4 May 1962, the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-208, for unfitness, due his frequent involvement in incidents of a discreditable nature with civil and military authorities.
ARMY | BCMR | CY2002 | 2002066638C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded. Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.
ARMY | BCMR | CY2004 | 20040010498C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 August 2005 DOCKET NUMBER: AR20040010498 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. 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. It is also noted that...
ARMY | BCMR | CY2009 | 20090021841
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 19 March 1963, the applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Undesirable Habits and Traits of Character) for unfitness due to his frequent involvements in incidents of a discreditable nature with civil and military authorities. However, there is no evidence in the available records to show he...
ARMY | BCMR | CY2002 | 2002081500C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2007 | 20070000693
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 June 2007 DOCKET NUMBER: AR20070000693 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 12 June 1963, the separation authority approved the recommendation for separation and directed that he be issued an undesirable discharge. Since the applicants record of service included seven nonjudicial...
ARMY | BCMR | CY2001 | 2001063818C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The separation authority...
ARMY | BCMR | CY2004 | 2004101950C070208
On 5 January 1962, the applicant's commander recommended that the applicant be separated from the service under the provisions of Army Regulation (AR) 635-208 and furnished an undesirable discharge. The appropriate authority, a major general, approved the recommendation for the applicant's discharge on 6 February 1962 and directed that he be furnished an Undesirable Discharge Certificate. The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 13...
ARMY | BCMR | CY2004 | 20040007093C070208
Evidence of record shows that on 24 January 1986, the Social Security Administration hearing considered medical evidence and found that the applicant was disabled due to paranoid schizophrenia. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. The applicant was found mentally qualified for separation by a competent military psychiatrist during his separation proceedings.