IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110005863
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 reconsideration of the Board's denial of his previous request for upgrade of his undesirable discharge to an honorable discharge.
2. The applicant states he was a good Soldier and was never absent without leave (AWOL). He contends he had to get out for financial reasons and because he had a wife but could not get military housing.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), effective 11 July 1961.
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 AR2010008011 on
14 October 2010.
2. The applicant submitted a new argument which was not previously considered by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The applicant stated, in the original Record of Proceedings, that his undesirable discharge was due to a personal reason, "Pride."
4. The record does not contain a discharge packet, but does show he initially enlisted in the Regular Army on 19 October 1949. He subsequently successfully completed two additional periods of service prior to reenlisting on 11 April 1959.
5. On 11 July 1961, he received an undesirable discharge under the provisions of Army Regulation 635-208 (Personal Separations - Discharge - Unfitness) with a separation program number (SPN) of 28F (Established pattern of showing dishonorable failure to pay just debts).
6. There are no documents in the record showing the applicant had a financial hardship, or that he was unjustly denied military housing.
DISCUSSION AND CONCLUSIONS:
1. The new arguments provided by the applicant were carefully considered but found not to have merit.
2. The evidence of record does not show he was experiencing financial hardship or that his inability to obtain military housing for his spouse contributed to the misconduct that led to his discharge.
3. In view of the above, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ___X____ 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 AR20100008011 on 14 October 2010.
_______ _ X_______ ___
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.
ABCMR Record of Proceedings (cont) AR20110005863
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110005863
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110001303
On 1 June 1967, the separation authority approved the recommendation to discharge the applicant from the Army under the provisions of section VI of Army Regulation 635-206 and directed the issuance of an Undesirable Discharge Certificate. On 5 June 1967, the applicant was accordingly discharged. The DD Form 214 he was issued shows he was discharged under the provisions of section VI of Army Regulation 635-206, due to conviction by a civil court and he was issued an Undesirable Discharge...
ARMY | BCMR | CY2013 | 20130001509
IN THE CASE OF: BOARD DATE: 10 October 2013 DOCKET NUMBER: AR20130001509 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Due to financial hardship he is unable to repay the debt and if it is not remitted he will be forced to consider bankruptcy. The creation of this debt is the fault of both the Government and the applicant, in that DFAS continued to pay him full pay and allowances for nine months after his release from active duty and the applicant accepted and spent the money.
ARMY | BCMR | CY2008 | 20080018405
Also incorporated herein are the military records which were summarized in the original consideration of his request to upgrade his discharge by the ABCMR in Docket Number AC93-11075, on 26 April 1995, wherein the Board carefully considered the applicant's entire service record as well as the evidence he submitted. With regard to his new issues, the Board determined that the applicant's records should be corrected to show his overseas service in Germany, but not to change the reason for his...
ARMY | BCMR | CY2011 | 20110018010
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. After consulting with counsel, he voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10. In a statement provided with his request for discharge he stated he would go AWOL again if his request for discharge was denied.
ARMY | BCMR | CY2011 | 20110000530
On 24 April 1975, approximately a year after his discharge, he applied for a waiver to again enlist in the RA and the EEA denied his request contending that he had two disqualifications, one being a medical defect and the other that he had been discharged for hardship/dependency. His medical records for this enlistment are not available for review with this case. Therefore, in the absence of evidence to show he was unfit for separation or that he could not perform the duties of his rank...
ARMY | BCMR | CY2011 | 20110016892
The applicant states he was discharged while serving confinement in isolation for over 10 days because his chain of command was racially prejudiced. The applicant provides: * letter from his Member of Congress * two letters to his Member of Congress * self-authored statement * seven official statements, dated 18 November 1961 * DD Form 493 (Extract of Military Records of Previous Convictions), dated 27 November 1961 * Special Orders Number 178, dated 25 July 1961 * Fort Benning (FB) (AHJ)...
ARMY | BCMR | CY2012 | 20120020228
Counsel claims the applicant acted reasonably in this matter at all times; the finance office made a critical mistake of failing to follow the regulation and requesting approval through the Secretarial Process; and there would have never been an overpayment had the finance office not been negligent as either approval would have been granted under JFTR paragraph U10412, or the applicant could have requested BAH under paragraph U10410 upon deploying. The argument advanced by counsel that the...
ARMY | BCMR | CY2008 | 20080006860
The applicant requests, in effect that his discharge be changed to a hardship discharge. The applicant understood that by submitting the request for discharge, he acknowledged that he was guilty of the charge against him. However, there is no evidence in his record nor did the applicant provide any evidence that shows he submitted an application for a hardship discharge or that he requested help from a chaplain, his superiors or anyone before going AWOL.
ARMY | BCMR | CY2014 | 20140018375
The applicant requests, in effect, reconsideration of his previous request for an upgrade of his undesirable discharge to an honorable discharge. The applicant provides: * a self-authored statement * a letter from the VA CONSIDERATION OF EVIDENCE: 1. This form shows he was issued a separation program number of "246," which denotes he was discharged under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), for the good of the service.
ARMY | BCMR | CY2011 | 20110011765
Application for correction of military records (with supporting documents provided, if any). On 25 May 2011, his company commander submitted a memorandum to the Defense Accounting Office (DAO)/Finance and Accounting Office (FAO) recommending approval of cancellation of indebtedness for the applicant due to financial hardship the debt imposed on the applicant. The evidence of record does not support the applicant's contention regarding documents were missing from the packet he submitted to...