| Mr. Carl W. S. Chun | Director | |
| Ms. Jeanie M. Biggs | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Patrick H. McGann | Member |
APPLICANT REQUESTS: In effect, that his general discharge be upgraded to an honorable discharge.
APPLICANT STATES: In effect, that he was discharged from the Army due to failing to complete alcohol and marriage counseling. He further states that since his discharge he has been a good citizen and has no police record.
EVIDENCE OF RECORD: The applicant's military records show:
On 31 January 1972, the applicant enlisted in the Regular Army at the age of
19 for a period of three years. He completed basic combat training (BCT) and advanced individual training (AIT). He was awarded the military occupational specialty (MOS) 36K (field wireman) and the National Defense Medal. He was assigned to Alaska and advanced to the pay grade of E-2.
On 22 June 1972, the applicant was found guilty by a special court-martial for stealing $45.00 in US currency. He was sentenced to confinement at hard labor for 2 months (suspended for 30 days) and a forfeiture of $192.00 for 4 months.
On 18 August 1972, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform code of Military Justice (UCMJ), for disobeying a lawful order. His punishment consisted of a forfeiture of $67.00 for one month. He did not appeal the punishment.
He accepted an NJP under Article 15, UCMJ again on 13 July 1973 for failing to go to his appointed place of duty. His punishment consisted of a forfeiture of $25.00 and restriction to the company area for 14 days. He did not appeal the punishment.
The applicant accepted NJP for possession of some amount of marijuana on
10 August 1973. His punishment consisted of a reduction from E-2 to E-1, forfeiture of $150.00 per month for one month, 14 days restriction to company area and 14 days extra duty. He appealed the NJP on 13 August 1973. The appeal was denied on 20 August 1973.
On 4 February 1974 the applicant was charged with AWOL from 30-31 January 1974 under Article 15, UMCJ. He was reduced from E-2 to E-1 (suspended), forfeiture of $50.00, and extra duty for 7 days (not to exceed 4 hours per day). He appealed the NJP on 7 February 1974. The appealed was denied on
13 February 1974.
On 12 February 1974 the applicant’s commander notified him of his intent to recommend that he be barred from reenlistment. The commander’s stated reason for that recommendation was the applicant’s larceny charge, failure to be at his appointed place of duty and possession of marijuana. The applicant did not submit any matters of rebuttal and when the bar was approved, he did not appeal the bar.
The applicant was given a mental status evaluation on 30 September 1974, which determined that he had no significant mental illness.
On 31 October 1974 the applicant was notified that action was being initiated against him under the provisions of Army Regulation 635-200 to discharge him for unsuitability. After consulting with counsel, he waived his rights to appear before a board of officers.
In a sworn statement he submitted on his own behalf, the applicant indicated that he was under mental stress and could not perform his duties well. He further stated, in effect, that he was trying to get medical help when he was charged with AWOL.
On 8 November 1974, the appropriate authority approved the recommendation for the applicant’s separation under the provisions of Army Regulation 635-200, chapter 13, for unsuitability and directed the applicant receive a General discharge.
On 19 November 1974, the applicant was discharged, in pay grade E-2, under the provisions of Army Regulation 635-200, Chapter 13. He completed 2 years,
9 months and 19 days of creditable active service and had 23 days of lost time. He was issued a General Discharge Certificate.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that a commander will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
2. Contrary to the applicant’s contentions, he was discharged due to repeated acts of misconduct, not for failing to complete counseling.
3. The fact that the applicant has been a good citizen since his discharge is commendable. However, his post-service conduct is not sufficiently mitigating to warrant upgrading a properly issued discharge.
4. The record does not contain any evidence nor has the applicant submitted any evidence to prove an error or injustice.
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
___jlp ___ ___aao__ ____phm_ DENY APPLICATION
| CASE ID | AR2003085466 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030923 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 19740131 |
| DISCHARGE AUTHORITY | AR 635-200, Chapter 13 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 66.00 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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