RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 November 2006
      DOCKET NUMBER:  AR20060007729


      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 widow of a deceased former service member (FSM),
requests that her late husband’s undesirable discharge be upgraded to
honorable.

2.  The applicant provides no explanation.

3.  The applicant provides a copy of the FSM’s DD Form 214 (Report of
Transfer or Discharge) and his death certificate.

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted on 31 July 1961 for a period of 3 years.  He
successfully completed basic combat training and advanced individual
training in military occupational specialty 940.00 (food service helper).

2.  On 28 May 1963, nonjudicial punishment was imposed against the FSM for
being absent without leave (AWOL) for 3 hours.  His punishment consisted of
a forfeiture of pay.

3.  On 29 July 1963, nonjudicial punishment was imposed against the FSM for
being AWOL for approximately 3 hours and violating a general regulation.
His punishment consisted of a reduction to E-2.

4.  On 16 December 1963, nonjudicial punishment was imposed against the FSM
for violating a general regulation and being AWOL for approximately 9
hours.  His punishment consisted of a reduction to E-2.

5.  On 31 December 1963, a bar to reenlistment was imposed against the FSM.

6.  On 25 January 1964, nonjudicial punishment was imposed against the FSM
for being AWOL for approximately 1 hour.  His punishment consisted of a
forfeiture of pay.

7.  On 24 March 1964, in accordance with his plea, the FSM was convicted by
a summary court-martial of being AWOL for 3 hours and 15 minutes.  He was
sentenced to forfeit $50.  On 25 March 1964, the convening authority
approved the sentence.

8.  On 1 November 1964, the FSM was convicted by a special court-martial of
disorderly conduct and assault.  He was sentenced to be reduced to E-1,
confined at hard labor for 6 months, and to forfeit $73 pay per month for 6
months.  On 6 May 1964, the convening authority approved the sentence.  On
23 July 1964, the unexecuted portion of the sentence to confinement and the
forfeitures were suspended for 3 months.

9.  On 25 May 1964, the FSM was notified to appear before a board of
officers under the provisions of Army Regulation 635-208 to determine
whether or not he should be released from the military service prior to the
expiration of his term of service.

10.  On 27 May 1964, the FSM’s unit commander initiated a recommendation to
discharge him from the service under the provisions of Army Regulation 635-
208 for unfitness due to frequent incidents of a discreditable nature with
civil or military authorities.

11.  On 23 June 1964, after consulting with counsel, the FSM declined
counsel, waived consideration of his case by a board of officers, and
elected not to make a statement in his own behalf.

12.  The separation authority approved the recommendation for separation
and directed that he be issued an undesirable discharge.

13.  On 5 August 1964, the FSM was discharged with an undesirable discharge
under the provisions of Army Regulation 635-208 for unfitness due to
frequent involvement in incidents of a discreditable nature with civil or
military authorities.  He had served a total of 2 years, 9 months, and 20
days of creditable active service with 77 days of lost time due to
confinement.

14.  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.

15.  Army Regulation 635-208, in effect at the time, set forth the basic
authority for the separation of enlisted personnel for unfitness.  Section
II of the regulation provided, in pertinent part, for the separation of
personnel for frequent incidents of a discreditable nature with civil or
military authorities.  An undesirable discharge was normally considered
appropriate.
16.  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.

17.  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:

1.  The FSM’s record of service included four nonjudicial punishments, one
summary court-martial conviction, one special court-martial conviction, and
77 days of lost time.  As a result, his record of service was not
satisfactory and did not meet the standards of acceptable conduct and
performance of duty for Army personnel.  Therefore, the FSM's record of
service is insufficiently meritorious to warrant an honorable discharge or
general discharge.

2.  The FSM’s administrative separation was accomplished in compliance with
applicable regulations with no indication of procedural errors which would
tend to jeopardize his rights.

3.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

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                 |AR20060007729                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061102                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19640805                                |
|DISCHARGE AUTHORITY     |AR 635-208                              |
|DISCHARGE REASON        |Unfitness                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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