RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 OCTOBER 2006
DOCKET NUMBER: AR20050018312
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.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Gale J. Thomas | |Analyst |
The following members, a quorum, were present:
| |Mr. James Gunlicks | |Chairperson |
| |Mr. Michael Flynn | |Member |
| |Mr. Scott Faught | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his 19 August 1982 discharge,
be upgraded to honorable, and that the reason for his separation be
changed.
2. The applicant states that he enlisted in the Navy Reserve in 1999 and
after serving for 4 years he decided to transfer again to the Army National
Guard where he received a honorable discharge in 2004.
3. The applicant provides his DD Form 214 (Certificate of Release or
Discharge from Active Duty) and a copy of his general discharge certificate
from the New York Army National Guard, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the New York Army National Guard on 15 March
1982. He served on active duty for 5 months, and 5 days.
2. He was released from active duty on 19 August 1982, under the
provisions of Army Regulation 635-200, Chapter 13, for unsuitability, with
a general, under honorable conditions discharge.
3. On 20 August 1982, he was discharged from the New York Army National
Guard, under honorable conditions.
4. On 24 April 1999, he enlisted in the United States Navy Reserve for a
period of 8 years. On 11 February 2003, he requested a conditional release
for the purpose of entering another component of the Military. He was
separated from the Navy Reserve on 23 February 2003.
5. On 24 February 2003, he again enlisted in the New York Army National
Guard for a period of 4 years. He was honorably discharged from the Army
National Guard on 27 April 2004, after serving 1 year, 2 months and 4 days
of service.
6. The facts and circumstances concerning the applicant's 19 August 1982
discharge are not in the available records. However, his DD Form 214 shows
he was discharged under honorable conditions, under the provisions of Army
Regulation 635-200, Chapter 13, for unsuitability-apathy, defective
attitude, or inability to expend effort constructively. His DD Form 214
indicates he had
5 months and 5 days of active service.
7. Army Regulation 635-200, Chapter 13, then in effect, set forth the
policy and procedures for administrative separation of enlisted personnel
for unsuitability. It provided, in pertinent part, for discharge due to
unsuitability because of apathy by a displayed lack of appropriate interest
and/or an inability to expend effort constructively. When separation for
unsuitability was warranted an honorable or general discharge was issued as
determined by the separation authority based upon the individual's entire
record.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it is presumed that the
discharge proceedings were conducted in accordance with law and regulation
applicable at the time.
2. The applicant's contention that his discharge should be upgraded to
honorable and the reason for his discharge changed, has no merit. The
applicant is basing his contention on his later periods of service which
resulted in his receiving a honorable characterization of serve from the
Army National Guard in April 2004. His one period of service in 1982 has
no bearing on his other period of service in 2004, and can not be used as
justification for upgrading his earlier separation.
3. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
4. In view of the foregoing, there is no basis for granting the
applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JG___ __MF ___ ___SF __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
_____James Gunlicks________
CHAIRPERSON
INDEX
|CASE ID |AR20050018312 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061005 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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