| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Lawrence Foster | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge.
APPLICANT STATES: He served dutifully. He would like to get his life together now.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 19 June 1969 and was awarded the military occupational specialty of cook.
He served in Vietnam from 19 October 1970 to 15 July 1971.
While on active duty, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on eight occasions. His offenses consisted of striking a superior noncommissioned officer in the head with his fist; abandoning his guard post; four incidences of being absent without leave (AWOL); and two incidences of failing to go to his appointed place of duty at the time prescribed.
On 12 March 1971, the applicant was notified by his commander of his intent to recommend that he be discharged due to unfitness with an undesirable discharge. The applicant’s commander provided him the rights he had in conjunction with that recommendation.
On 14 March 1971, the applicant requested a personal appearance before a board of officers.
On 11 May 1971, the applicant waived all of his rights, including the board of officers.
The applicant’s commander’s recommendation was approved by the appropriate authority and the applicant was issued an Undesirable Discharge Certificate on 3 June 1971. He had 1 year, 10 months and 12 days of creditable service, and 33 days of lost time.
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.
On 24 September 1981, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. Eight NJP’s is more than sufficient grounds to warrant separating a soldier for unfitness and issuing him an undesirable discharge.
2. With a record of eight NJP’s, it cannot be said that the applicant served dutifully.
3. While it is commendable that the applicant wants to get his life back together, this is not sufficient grounds, in and of itself, to warrant upgrading a properly issued undesirable discharge.
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
___lf____ __wtm ___ ____le____ DENY APPLICATION
| CASE ID | AR2003083967 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030626 |
| 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. | A50.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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ARMY | BCMR | CY2002 | 2002066777C070402
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ARMY | BCMR | CY2001 | 2001062843C070421
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: While the applicant states that he did not receive pay because his records kept getting lost, he has not submitted any evidence to support his allegation.
ARMY | BCMR | CY2002 | 2002071640C070402
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no indication 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.