| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Ms. Kathleen A. Newman | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his discharge be upgraded.
APPLICANT STATES: That he was under a lot of stress and wasn’t given a fair chance. He states that his first sergeant was an alcoholic and that he wouldn’t accept his mistreatment. He believes that he has suffered long enough.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered active duty on 17 November 1976. He completed training and served as a motor transport operator.
On 17 February 1977 he received nonjudicial punishment (NJP), under Article 15, Uniform Code of Military Justice, for failure to obey a lawful order.
On 15 July 1977 he received NJP for failure to go to his place of duty.
On 20 July 1977 he received NJP for disrespectful language toward an officer and for two incidents of failure to go to his place of duty.
On 19 December 1977, he received NJP for failure to go to his place of duty and two incidents of absenting himself from his appointed place of duty.
On 31 January 1978 he received his fifth NJP for three incidents of failure to go to his place of duty.
On 3 February 1978 a special court-martial found him guilty of two incidents of failure to go to his place of duty, two incidents of willfully disobeying a lawful order from a commissioned officer, and one incident of willfully disobeying a lawful order from a noncommissioned officer. His sentence was for confinement for 30 days, forfeiture of $100.00, and reduction to pay grade E-1.
Although the discharge packet is not of record, on 17 March 1978 the applicant was discharged under Army Regulation 635-200, chapter 14, for frequent incidents of misconduct. He received an under other than honorable conditions characterization of service. He had 1 year, 4 months, and 4 days of creditable service with 44 days lost due to confinement.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, and desertion or absence without leave. This regulation states that action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a soldier discharged under chapter 14.
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. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.
2. 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.
3. 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.
| CASE ID | AR2003085289 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031002 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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