IN THE CASE OF:
BOARD DATE: 7 August 2008
DOCKET NUMBER: AR20080005556
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests a discharge upgrade.
2. The applicant states he made a mistake early in his military service. In a statement, he indicates he was on pass in Louisville, KY and missed the last bus back to Fort Knox (KY). He tried to hitchhike back to camp, but no one picked him up. He got scared and remained AWOL (absent without leave) for a few days. He received stockade time. In the stockade, he got into disciplinary trouble and was offered a discharge. He accepted and was separated with an Undesirable Discharge (UD).
3. The applicant states he is not proud of his conduct while in the Army, but since that time, he has strived to be a good citizen, husband, father, and grandfather. He was married for 34 years until his wife passed away, and he recently remarried. He has participated in the American legion, Veterans of Foreign Wars (VFW), and various civic organizations for many years.
4. The applicant provides a statement and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of
Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army (RA) from 8 January 1962 through 2 November 1964. His DD Form 214 shows he was separated with UD under the provisions of Army Regulation (AR) 635-208.
3. On 29 September 1964, the applicant's company commander initiated administrative separation action against him. He rated the applicant's conduct and efficiency as "unsatisfactory" and stated:
Pvt [Applicant] shows a poor attitude toward the Army and toward his superiors. He has no respsect for authority, adversely affecting the moral [sic] of the others in the unit. Pvt [Applicant] has a habit of drinking excessive amounts of intoxicating beverages. He has been counseled several times by the Company Commander and the First Sergeant with respect to his shortcomings, but no results have been obtained. A review of Pvt [Applicant's] records show that he was court-martialed on 26 Oct 62 for failure to repair for inspection. He received an Article 15 on 4 January 1964 for misconduct. He was court-martialed on 7 August 1964 for violation of Articles 121 [larceny] & 86 [AWOL], and received a sentence of confinement at hard labor for six months, reduced to the grade of Pvt E1 and forfeiture of $46.00 per month for six months. He is presently serving out this sentence.
4. On an unknown date, the Commanding General, Fort Knox, KY approved the applicant's discharge under the provisions of AR 635-208 for unfitness. On 2 November 1964, he was discharged. He had served 2 years, 7 months, and 4 days and had 83 days of lost time due to AWOL and confinement.
5. There is no record the applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.
6. AR 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness. Separation action was to be taken when the commander determined that the best interest of the service would be served by
eliminating the individual concerned and reasonable attempts to rehabilitate or develop the individual to be a satisfactory Soldier were unlikely to succeed. Unfitness included frequent incidents of a discreditable nature with military or civil authorities and an established pattern of shirking. A UD was normally considered appropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests a discharge upgrade.
2. The applicant's record shows he had a problem with alcohol and with his attitude toward military authority. He had multiple court-martial convictions and nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice.
3. The applicant clearly demonstrated unfitness for continued military service. His discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
4. The applicant is commended for his post-service conduct and for his civic minded behavior; however, this is insufficient as a reason for charging the character of his discharge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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.
XXX
_______ _ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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