RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 January 2008
	DOCKET NUMBER:  AR20070012580 


	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

Ms. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Mr. Eric N. Anderson

Member

Mr. David K. Haasenritter

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 that the undesirable discharge of her deceased husband, a former service member (FSM), be upgraded to an honorable discharge.

2.  The applicant states that the FSM should have been honorably discharged.

3.  The applicant provides in support of her application a copy of their State of Arizona Marriage License, issued on 1 December 1993; a copy of the FSM’s Certificate of Death, issued on 17 November 2004; a copy of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period covering 3 June 1963 through 8 October 1964; and a copy of the FSM's DD Form 214, for the period covering 17 January 1964 through 25 August 1965. 

CONSIDERATION OF EVIDENCE:

1.  On 3 June 1963, the FSM enlisted in the Army in Phoenix, Arizona, for 3 years, in the pay grade of E-1.  He successfully completed his training in basic field artillery.  He was promoted to the pay grade of E-2 on 3 October 1963; promoted to the pay grade of E-3 on 17 February 1964; and promoted to the pay grade of E-4 on 11 September 1964.

2.  He was honorably discharged on 8 October 1964 under the provisions of Army Regulation 635-205, for the purpose of immediate reenlistment.  He had completed 1 year, 4 months and 6 days of total active service.

3.  On 9 October 1964, the FSM reenlisted in the Army at Fort Knox, Kentucky, for 6 years.

4.  Nonjudicial punishment (NJP) was imposed against the FSM on 29 December 1964, for being drunk and disorderly.  His punishment consisted of a reduction to the pay grade of E-3, restriction for 14 days, and extra duty for 14 days.

5.  On 3 March 1965, NJP was imposed against the FSM for being absent without leave (AWOL) from his place of duty.  His punishment consisted of a forfeiture of pay in the amount of $23.00, restriction for 14 days, and extra duty for 14 days.

6.  On 20 March 1965, NJP was imposed against him for breaking restriction by going to the post theater.  His punishment consisted of a reduction to the pay grade of E-2, restriction for 7 days, and extra duty for 7 days.
7.  The FSM again had NJP imposed against him on 17 April 1965, for being absent from his unit from 11 April 1965 until 12 April 1965.  His punishment consisted of a forfeiture of pay in the amount of $10.00, restriction for 14 days, and extra duty for 14 days.

8.  The FSM was barred from reenlistment on 13 May 1965.  His commander cited his failure to meet the high standards of the Army in conduct and/or job performance as a basis for the bar to reenlistment.

9.  On 16 June 1965, NJP was imposed against the FSM for being absent from his unit from 0030 hours 13 June 1965 until 0100 hours 13 June 1965.  His punishment consisted of restriction for 14 days and extra duty for 14 days to run concurrently.

10.  The FSM was referred to the Mental Health Community Services on 17 June 1965, for a mental status evaluation.  The attending psychiatrist found that the FSM had a life long history of irresponsible, impulsive behavior and that over a 
6-month period, for unexplained reasons, he had allowed a drastic and 
self-defeating change of behavior to prevail.  The psychiatrist noted that he had little regard for usual rules and laws of social living; and that he was prone to disorderly conduct, insubordination, excessive alcohol intake, and episodes of AWOL.  The attending psychiatrist further noted that the FSM provided no indication of motivation to improve.  During psychiatric observation no disease was found and the FSM was psychiatrically cleared for appropriate administrative separation.

11.  On 17 August 1965, the FSM was convicted by a special court-martial of breaking restriction and willfully disobeying a lawful order to get into a Military Police vehicle.  He was sentenced to confinement at hard labor for 6 months, a reduction to the pay grade of E-1, and a forfeiture of pay in the amount of $70.00 per months for 6 months.

12.  The facts and circumstances pertaining to the FSM's discharge are not on file.  The DD Form 214 that he was furnished at the time of his discharge indicates that he was discharged on 25 August 1965, under the provisions of Army Regulation 635-208, for unfitness, due to frequent involvement in incidents of a discreditable nature with military or civilian authorities.  He had completed 2 year, 7 months, and 23 days of total active service and he was furnished an Undesirable Discharge Certificate.

13.  A review of the available records fails to show that the FSM ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

14.  Army Regulation 635-208, then in effect, set forth the policy and procedures for separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with military or civilian authorities.  An undesirable discharge was normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  It appears that 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.

2.  It also appears that the type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  The applicant’s contention has been carefully considered; however, it is unsubstantiated by the evidence of record.  The FSM's record clearly shows that he had NJP imposed against him on five separate occasions and he was convicted by one special court-martial as a result of the offenses that he had committed.  Considering his numerous acts of indiscipline, it does not appear that his undesirable discharge is too severe and the character of the discharge is commensurate with his overall record, as his last period of service was not honorable.

4.  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 this requirement.

5.  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

__JI        _  __ENA__  __DKH__  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.




____John Infante    _____
          CHAIRPERSON




INDEX

CASE ID
AR20070012580
SUFFIX

RECON

DATE BOARDED
20080131
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.  592
144.5100.0000/FREQ INVOLVE W/MIL AUTH
2.

3.

4.

5.

6.