RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 October 2007
DOCKET NUMBER: AR20070009546
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry, Jr.
Chairperson
Mr. Michael J. Flynn
Member
Mr. William Blakely
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 reconsideration of his earlier request for upgrade of his discharge under other than honorable conditions to under honorable conditions.
2. The applicant states, in effect, that he should never have been permitted to enter the Armed Forces. He further relates how he has limited resources and is currently incarcerated for driving under the influence. He talks about his pending appeal and how he would not have spent one day in jail had he hired the right lawyer. The applicant speaks at length about his life from the age of 17 years when he worked as a welder prior to entering the United States Army, to his going to basic training and advanced individual training. He states that he broke his right wrist and that shortly afterward he developed respiratory problems that caused him to be unable to work. He states that he does not understand why all of this has not been investigated.
3. The applicant provides two 4-page letters dated 27 June and 18 July 2007.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060016454, on 12 June 2007.
2. The applicant argues in his letter dated 27 June 2007, that he attended schools for the handicapped from 1967 to 1973 and that his mother can be contacted for further information. He further contends that his mother told the Army recruiter that he should not enter the Army because he would never make it.
3. The applicant provides in his letter dated 18 July 2007, a series of statements about his work prior to entering the Army; his completion of basic training and advanced individual training; his broken right wrist and respiratory problems; his inability to work due to the pain in his wrist; and his eventual incarceration for driving under the influence.
4. The applicant repeatedly argues that his various assertions should be investigated.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) states in paragraph 2-2c that the Board, "will decide cases on the evidence of record. It is not an investigative body."
DISCUSSION AND CONCLUSIONS:
1. The applicant submits additional arguments to support his contention that he should never have been permitted to enter the Armed Forces and that he was unable to perform his duty. However, he does not provide any evidence to substantiate any of his arguments. Therefore, the applicants request should not be granted.
2. The applicant had the responsibility to provide evidence to support his various contentions. The Board does not have the authority to investigate his claims.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_ HOF __ _WB____ __MJF __ 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 to amend the decision of the ABCMR set forth in Docket Number AR20060016454, on 12 June 2007.
___ Hubert O. Fry, Jr ____
CHAIRPERSON
INDEX
CASE ID
AR20070009546
SUFFIX
RECON
DATE BOARDED
20071023
TYPE OF DISCHARGE
UOTHC
DATE OF DISCHARGE
19780217
DISCHARGE AUTHORITY
AR .635-200 . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
144
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070000242
He completed his initial training and served on active duty through a series of enlistments until his discharge on 27 February 1997 to accept an appointment as a warrant officer. There is no evidence of record showing that he submitted any mitigating evidence or argument. The evidence of record clearly shows that the applicant was promoted to CW3 on 1 February 2004.
ARMY | BCMR | CY2007 | 20070009539
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060014032, on 14 June 2007. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20060014032, dated 14 June 2007.
ARMY | BCMR | CY2004 | 20040000079C070208
He states that one of the statements was the “second statement” rendered by one of the enlisted women. She indicated that he inspected her room and then started to make small talk and asked her what she had on under the sheet and then began asking more personal questions. The evidence suggests that the investigation was conducted appropriately, that the investigating officer interviewed appropriate individuals, despite the applicant’s argument to the contrary, and that his findings and...
ARMY | BCMR | CY2007 | AR20070008881C071029
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence in the available records, nor has the applicant submitted any evidence to support his contentions that he was misinformed by his counsel; that there was a travesty of justice concerning his discharge process; or that he was informed that he had no other recourse. 360 |144.0000/ADMINISTRATIVE DISCHARGE | |2.
ARMY | BCMR | CY2007 | 20070000228
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 May 2007 DOCKET NUMBER: AR20070000228 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. Member Mr. James R. Hastie Member The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1.
ARMY | BCMR | CY2007 | 20070007183
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. The SPD code of JFL was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-40, paragraph 4-24B(3) for disability with severance pay.
ARMY | BCMR | CY2007 | 20070008084C071029
The applicant’s discharge packet is not available. The applicant’s ADRB packet shows the applicant’s commander notified the applicant on 8 January 2001 of initiation of separation action under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct – commission of a serious offense, with a discharge under other than honorable conditions (UOTHC). When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to...
ARMY | BCMR | CY2007 | 20070007829
The applicant states that he entered the service at eighteen years of age, was inexperienced and developed a drinking problem while on active duty. On 20 August 1991, the applicant was notified by his commander that he was being considered for administrative separation under the provisions of Army Regulation 635-200, chapter 14, for a pattern of misconduct. On 20 August 1991, the applicants commander recommended separation from the service under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2006 | 20060009926
On 19 July 1984, the applicant was discharged with a characterization of service of under other than honorable conditions. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. 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.
ARMY | BCMR | CY2007 | 20070006435
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 October 2007 DOCKET NUMBER: AR20070006435 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. The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show that he served in the Republic of Vietnam. The applicant provides copies of his DD Form...