| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Stanley Kelley | Chairperson | ||
| Mr. Christopher J. Prosser | Member | ||
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to a general discharge.
APPLICANT STATES: That he failed to receive adequate counsel and that he was encouraged to sign a waiver of his rights and to discontinue rehabilitation, which would have allowed him to stay in the Army.
EVIDENCE OF RECORD: The applicant's military records show:
On 29 July 1961, he enlisted in the Army for 3 years in the pay grade of E-1.
The applicant was still in training when he was convicted by a special
court-martial on 15 November 1961, of willfully disobeying a lawful order of an officer, failure to obey a lawful order of a noncommissioned officer and of being incapacitated for duty. He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay in the amount of $52.00 per month for 6 months.
On 21 December 1961, the applicant was examined by a neuropsychiatrist and he was diagnosed as having a antisocial personality, chronic, moderate; manifested by a lack of loyalty to any other persons and of repeated failure to conform to rules and regulations. The neuropsychiatrist stated that while he was in the stockade, he made different claims of abnormal behavior, to include exhibitionism and homosexual activities; however, it was difficult to prove or disprove his claims. The neuropsychiatrist further stated that after the applicant was court-martialed and placed in the stockade for excessive drinking, disobeying orders, breaking restriction and being absent without leave, he attempted to manipulate various people to get him out and that he even cut his wrist superficially on one occasion. The neuropsychiatrist opined that he was not insane; that he possessed sufficient mental capacity to know the difference between right and wrong and was able to adhere to the right; and that he had the mental capacity to understand and participate in board proceedings. He further opined that the applicant was not amenable to hospitalization, treatment, disciplinary action, training, transfer to another station or organization, or reclassification. The neuropsychiatrist recommended that no further attempt to rehabilitate him be made and that he be placed before a board of officers with a view of separation from the service.
On 25 January 1962, the applicant was convicted by a special court-martial of escape from lawful confinement in the post stockade. He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay in the amount of $52.00 per month for 6 months.
On 13 February 1962, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-208, for unfitness, based on frequent incidents of a discreditable nature with military authorities. He acknowledged receipt of the notification and he waived his right to consult with counsel and to a hearing before the board of officers.
The appropriate authority approved the recommendation for discharge on 23 February 1962. Accordingly, on 5 March 1962, the applicant was discharged under the provisions of Army Regulation 635-208, for unfitness, based on frequent incidents of a discreditable nature with military authorities. He had completed on 3 months and 17 days of total active service. He was furnished an Undesirable Discharge Certificate.
On 29 March 1976, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
Army Regulation 635-208, then in effect, provided for the separation of personnel for unfitness. Paragraph 10b(3) provides that separation action by the commander exercising general court-martial jurisdiction prior to board action may direct discharge because of unfitness of an individual who has waived hearing by a board of officers.
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 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 considering all the facts of the case.
3. The Board has noted the applicant’s contentions; however, they are unsupported by the evidence of record. His records clearly show that he was afforded the opportunity to consult with counsel and to appear before a board of officers along with counsel and he waived his right to do so.
4. It appears that he had no desire to remain in the Army as evidenced by his disregard for military authority his numerous acts of misconduct and his undesirable discharge appropriately reflects his overall record of service.
5. 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.
6. 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
__cjp____ ___sk___ __jm____ DENY APPLICATION
| CASE ID | AR2003088278 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/09/11 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1962/03/05 |
| DISCHARGE AUTHORITY | AR 635-208 |
| DISCHARGE REASON | 583/UNFITNESS |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 592 | 144.5100/FREQUENT INCIDENTS |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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