IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080006388
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 that while he signed for his "UD," he was told it would be automatically upgraded in 6 months.
3. The applicant provides 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 was inducted in the Army of the United States for 2 years on 8 August 1967. He completed Basic Combat Training at Fort Campbell, KY and was transferred to Fort Rucker, AL for Advanced Individual Training in aircraft maintenance. The record does not show him completing this training.
3. The applicant was absent without leave (AWOL) from 6 January 1968 through 16 March 1968. He was tried and convicted before a special court-martial on 23 April 1968 and sentenced to a forfeiture of $30 pay per month for 6 months.
4. The applicant was absent without leave (AWOL) from 1 May 1968 through 11 June 1968. He was tried and convicted before a special court-martial on 16 July 1968 and sentenced to confinement at hard labor for 6 months, forfeiture of $70 pay per month for 6 months, and reduction to Private.
5. The applicant was AWOL again from 20 June 1968 through 20 August 1968. Upon his return to military control, action was taken to discharge him for unfitness under the provisions of Army Regulation 635-212. He was given a mental status evaluation which found him be free of any mental condition which would warrant disposition through medical channels. He was found to have a "[S]evere, lifelong history of adaptation problems; ineffective social adaptation; inadequate academic adaptation; inadequate industrial adaptation; and poor control and mismanagement of hostility, anxiety, and dependency feelings...."
6. On 14 August 1968, the approving authority approved the applicant's discharge for unfitness. He was issued a UD (Undesirable Discharge) on 21 August 1968. He had 6 months and 21 days of creditable service and 175 days of lost time.
7. There is no record of the applicant petitioning the Army Discharge Review Board (ADRB) seeking a discharge upgrade.
8. Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel who were found to be unfit or unsuitable for military service. The regulation further provided, in pertinent part, that service members discharged for unfitness would be furnished an undesirable discharge, unless circumstances warranted a general or honorable discharge. Service members discharged for unsuitability would be furnished an honorable or general discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's behavior was marked by frequent AWOLs and an inability to adapt to military life. The applicants 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.
2. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, 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.
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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ABCMR Record of Proceedings (cont) AR20080006388
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