| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | ||
| Ms. Lana E. McGlynn | Member | ||
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable.
APPLICANT STATES: In effect, that he desires to have his discharge upgraded so that he may obtain veterans benefits. In support of his application he submits a copy of his report of separation (DD Form 214) and two letters of support from social work associates of the Department of Veterans Affairs (VA).
EVIDENCE OF RECORD: The applicant's military records were destroyed by the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, the DD Form 214 provided by the applicant shows:
He was inducted in Newark, New Jersey, on 26 March 1952. He served 2 months and 26 days of foreign service with Company C, 17th Infantry Regiment, which according to information obtained from the archives, was stationed in Korea at the time.
He was discharged under other than honorable conditions at Camp Kilmer, New Jersey, on 22 December 1953, under the provisions of Army Regulation 625-368, for unfitness due to habits rendering retention in the service as undesirable. He had served 8 months and 19 days of total active service and had 298 days of lost time.
Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness. That regulation provided for the discharge of individuals who had demonstrated their unfitness by giving evidence of habits and traits of character manifested by misconduct. 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 the absence of evidence to the contrary, the Board must presume that 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 even given the limited information contained in the available records.
3. The applicant’s contentions and supporting statements have been noted by the Board; however, they are not sufficiently mitigating to warrant relief when his overall record of undistinguished service is considered. Additionally, the desire to obtain veterans benefits alone does not now nor has it ever served as a basis to upgrade a discharge.
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
__js ____ __wdp___ __lem___ DENY APPLICATION
| CASE ID | AR2002084348 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/06/19 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1953/12/22 |
| DISCHARGE AUTHORITY | AR615-368 |
| DISCHARGE REASON | UNFIT |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 583 | 144.5000/A51.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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