RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 November 2006
      DOCKET NUMBER:  AR20060004960


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Gunlicks                |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Edward Montgomery             |     |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, as the son of a deceased former service member (FSM),
requests that his late father’s undesirable discharge be upgraded.

2.  The applicant states that he believes it was unjust to discharge his
father and drop his rank for defending his girlfriend’s honor.  He states,
in effect, that the FSM found his commanding officer looking through the
window at his girlfriend and he grabbed the commanding officer and hit him.
 He further states that the FSM was discharged and nothing was done to the
commanding officer.

3.  The applicant provides the FSM’s death certificate; his birth
certificate; and his parent’s marriage license.

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted on 9 August 1962 for a period of 3 years.  He
successfully completed basic combat training and advanced individual
training in military occupational specialty 177.00 (launcher helper).

2.  On 16 November 1963, nonjudicial punishment was imposed against the FSM
for wrongful possession of personal property.  His punishment consisted of
a reduction to pay grade E-1, restriction, and extra duty.

3.  On 26 March 1964, nonjudicial punishment was imposed against the FSM
for failing to obey a lawful order.  His punishment consisted of an oral
reprimand and restriction.

4.  On 17 November 1964, in accordance with his pleas, the FSM was
convicted by a special court-martial of two specifications of being absent
without leave (AWOL) from 20 April 1964 to 9 June 1964 and from 27 June
1964 to
1 September 1964.  He was sentenced to be confined at hard labor for 4
months and to forfeit $50 pay per month for 4 months.  On 23 November 1964,
the convening authority approved the sentence.

5.  On 16 February 1965, a bar to reenlistment was imposed against the FSM.

6.  The facts and circumstances surrounding the FSM’s discharge are not
contained in the available records.  However, the FSM’s DD Form 214 (Report
of Transfer or Discharge) shows that he was discharged on 9 March 1965 with
an undesirable discharge under the provisions of Army Regulation 635-208
for unfitness due to an established pattern for shirking.  He had served 1
year,
9 months, and 9 days of total active service with 298 days of lost due to
being AWOL and in confinement.

7.  There is no evidence that the FSM applied to the Army Discharge Review
Board for upgrade of his discharge within its 15-year statute of
limitations.

8.  Army Regulation 635-208, in effect at the time, set forth the basic
authority for the separation of enlisted personnel for unfitness.  The
regulation stated that members involved in an established pattern of
shirking were subject to separation for unfitness.  An undesirable
discharge was normally considered appropriate.

9.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.  Whenever there is doubt, it is to be
resolved in favor of the individual.

10.  Army Regulation 635-200, paragraph 3-7b, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier’s separation specifically allows such
characterization.

DISCUSSION AND CONCLUSIONS:

In the absence of evidence to the contrary, it must be presumed that the
FSM’s separation was administratively correct and in conformance with
applicable regulations.  Without having the discharge packet to consider,
it is presumed his characterization of service was commensurate with his
overall record of service.  As a result, there is no basis for granting the
applicant's request to upgrade his fathers’ discharge to honorable or
general discharge.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JG_____  __SF____  __EM____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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                 |AR20060004960                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061102                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19650309                                |
|DISCHARGE AUTHORITY     |AR 635-208                              |
|DISCHARGE REASON        |Unfitness due to an established pattern |
|                        |for shirking                            |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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