| Mr. Carl W. S. Chun | Director | |
| Ms. Carolyn Wade | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Ms. Eloise C. Prendergast | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to a general discharge (GD).
APPLICANT STATES: The applicant makes no statement and submits no supporting documents.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 23 February 1960 for a period of 3 years under the "buddy assignment plan."
On 7 March 1960, the applicant was assigned to Company D, 1st Battle Group, 87th Infantry, 2nd Infantry Division, Fort Benning, Georgia, for basic combat training (BCT). On 2 April 1960, the applicant departed his unit absent without leave (AWOL) and remained absent until on or about 12 April 1960. On 21 April 1960, the applicant was charged with 1 specification of AWOL.
On 28 April 1960, the applicant was convicted by a summary court-martial of the above period of AWOL. He was sentenced to 45 days of hard labor without confinement and forfeiture of $52.00 pay per month for 1 month. On 10 May 1960, the unexecuted portion of the applicant’s sentence to perform hard labor without confinement was suspended until 12 June 1960.
On 5 May 1960, the applicant was recycled to Company E, 2nd Battle Group, 23rd Infantry, 2nd Infantry Division, Fort Benning to complete BCT.
On 11 May 1960, the applicant was transferred to civil authorities in Columbus, Georgia, pending trial on 16 May 1960 for automobile theft and driving without a license.
On 17 June 1960, the applicant was convicted in Muscogee Superior Court, Muscogee County, Columbus, Georgia, of driving without a license and stealing an automobile. He was sentenced to 12 months of labor at the county public works camp or such other institution operated under the jurisdiction of the State Board of Corrections.
On 28 July 1960, the unit commander requested the applicant be separated from the service under the provisions of paragraph 22a, Army Regulation (AR) 635-206. The unit commander requested that the applicant be discharged because he was confined at the Muscogee County Work Farm for a period of 12 months and his conduct and efficiency ratings were unsatisfactory prior to his misconduct.
On 22 September 1960, the applicant was notified that his unit commander was initiating separation action under the provisions of paragraph 20, AR 635-206 and that, if approved; he would be given a UD. He was also asked to respond to a statement indicating whether he intended to appeal his conviction. On 27 September 1960, the applicant indicated that he did not intend to appeal his 12-month sentence for auto theft.
On 30 September 1960, the appropriate authority approved the applicant’s discharge with a UD by reason of unfitness due to a civil conviction. Accordingly, on 21 October 1960, the applicant was discharged from the Army. He was credited with 2 months and 8 days of creditable military service and 174 days of lost time.
AR 635-206, then in effect, provided in pertinent part for the administrative separation of enlisted personnel who had committed an act or acts of misconduct by reason of fraudulent entry in the service, conviction by civil court, and absence without leave or desertion.
There is no evidence the applicant applied to the Army Discharge Review Board prior to its 15-year statute of limitations.
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 Board carefully reviewed the applicant’s record of service and concluded that his discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. Additionally, the applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated his misconduct or poor duty performance. The applicant’s misconduct, to include automobile theft and going AWOL, diminished the quality of his service below that meriting a fully honorable or general discharge.
2. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights and the character of the discharge is commensurate with his overall record of military service.
3. 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.
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
__aao___ __reb___ __ecp___ DENY APPLICATION
| CASE ID | AR2003087849 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031113 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19601021 |
| DISCHARGE AUTHORITY | AR 635-206 |
| DISCHARGE REASON | A61.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.6100 |
| 2. | 144.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY1997 | 9709670
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 | CY1997 | 9709670C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to an honorable discharge (HD). EVIDENCE OF RECORD: The applicant's military records show: On 7 May 1963 the applicant was inducted into the Army of the United States for 2 years at the age of 18. The conviction by civil authorities,...
ARMY | BCMR | CY2003 | 2003089219C070403
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. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on...
ARMY | BCMR | CY2011 | 20110024917
On 1 July 1975, the appropriate authority approved the recommendation that the applicant be discharged from the service because of conviction by a civil court under the provisions of Army Regulation 635-206 and directed that the applicant be issued an Undesirable Discharge Certificate. Based on the foregoing, there is an insufficient basis to upgrade the applicant's discharge to an honorable discharge or to a general discharge under honorable conditions. _______ _ _x______...
ARMY | BCMR | CY2006 | 20060014763C071113
John G. Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence in the applicant’s military record which indicates that he was punished by military authorities for the offenses. The separation document (DD Form 214) issued to the applicant upon his separation shows that on 9 February 1977, the applicant was discharged in pay grade E-1, under the provisions of Army Regulation 635-206, by reason of a...
ARMY | BCMR | CY2001 | 2001063023C070421
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: He had 1 year, 3 months and 16 days of active military service.
ARMY | BCMR | CY2001 | 2001054676C070420
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. On 5 July 1967, the applicant’s chain of command was requested to provide comments and recommendations as to whether to retain the applicant in the military or to discharge him under the provisions of paragraph...
ARMY | BCMR | CY2001 | 2001065124C070421
On 18 February 1970, the appropriate authority approved the applicant’s separation under the provisions of Army Regulation 635-206, by reason of misconduct-civil conviction by a civil court with confinement in excess of 1 year, and he directed that the applicant receive an UD discharge. The Board notes the applicant’s contentions that at the time of his discharge, he believed the Army was separating him for medical reasons, that his difficult childhood and his abuse of alcohol and drugs...
ARMY | BCMR | CY2005 | 20050003414C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 7 June 1974, the separation authority approved the recommendation of the board of officers that the applicant be discharged from the service because of conviction by a civil court under the provisions of Army Regulation 635-206 with issuance of an undesirable discharge. He completed 1 year, 1 month and 12 days active military service with 1,000 days of lost...
ARMY | BCMR | CY2002 | 2002076434C070215
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: The evidence of record confirms that the applicant’s discharge processing was accomplished in accordance with the applicable regulations in effect at the time.