| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Raymond V. O’Connor Jr. | Chairperson | ||
| Ms. Terry L. Placek | Member | ||
| Mr. Robert Duecaster | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded.
APPLICANT STATES: In effect, that the only offense he committed was going absent without leave (AWOL). However, he served 2 years in Korea and has since retired from his job after 30 years. He goes on to state that he is involved in his community at the age of 70 and would like to be able to show his grandchildren his medals. In support of his application he submits a copy of his separation document (DD Form 214) and a copy of a medical document showing that he was treated while a prisoner in confinement.
EVIDENCE OF RECORD: The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, the report of separation provided by the applicant shows:
He enlisted in New York on 12 January 1951 for a period of 3 years. He served 1 year, 2 months and 2 days of overseas service and was awarded the United Nations Service Medal, the Korean Service Medal and the National Defense Service Medal.
The facts and circumstances surrounding his administrative discharge are not present in the available evidence; however, his DD Form 214 shows that he was discharged under other than honorable conditions on 21 April 1955, under the provisions of Army Regulation 615-368, for unfitness due to habits and traits of character manifested by misconduct. He had served 2 years, 9 months and 17 days of total active service and had 538 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, it must be presumed 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. Accordingly, the type of discharge directed and the reasons therefore were appropriate, even given the limited information contained in the available records.
3. The Board has noted the applicant's contentions of good post-service conduct and finds that they are not sufficiently mitigating to warrant an upgrade of his discharge, given the extensive amount of lost time he amassed.
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
___tlp___ __rvo ___ ___rld___ DENY APPLICATION
| CASE ID | AR2003088484 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/04/24 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1955/04/21 |
| 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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