IN THE CASE OF: BOARD DATE: 30 September 2014 DOCKET NUMBER: AR20140002585 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 his request for an upgrade of his undesirable discharge to a general discharge. 2. The applicant states he graduated from high school on 13 July 1964 and enlisted in the U.S. Air Force. He was assigned to positions of leadership, achieved the rank of airman third class, and was assigned as an air policeman. He received a general discharge from the U.S. Air Force, on or about 6 January 1965, and returned home to take care of his ailing mother and grandmother. a. He married on 31 December 1965 and he and his wife had two children. The first child was born in January 1966 and the second child was born in September 1967. In November 1967, as a result of a lack of job opportunities in Oklahoma City, OK, he moved his family to Wichita, KS to seek work. He and his family initially moved in with his wife's aunt and her family living in a three-bedroom bungalow. He then obtained a job at a meatpacking company. b. In February 1968, he received his Selective Service notification that instructed him to report for induction into military service at Oklahoma City, OK. He reported as instructed and explained to the recruiter that he was married with two children and that he had already served in the U.S. Air Force. The recruiter informed him he should not be drafted and that he could return to Wichita, KS. c. In March 1968, he received a letter stating he was to report for induction into military service in April 1968. He did not volunteer for military service and he was drafted despite his family situation. Throughout the process he made sure that military officials were aware of his marital status and family situation. d. When he reported for induction he was told that he was programmed for the U.S. Marines. Another individual who was programmed for the U.S. Army asked him if he wanted to switch with him and the military recruiters allowed them to switch their assignments. e. He successfully completed basic combat training at Fort Polk, LA and airborne training at Fort Benning, GA. He was then assigned to Fort Sill in Lawton, OK. His family had moved back to Oklahoma City and was living with family because of his inability to afford housing. He expressed his desire for a hardship discharge to his superiors, but they ignored his request. f. As a result of his family's hardship, he went absent without leave (AWOL) on or about 1 October 1968 until 21 January 1969. He was court-martialed and during the proceedings he expressed his desire to be released from military service because his family needed him at home. However, he was not given a fair hearing and his plea for a hardship discharge was disregarded. g. Based on a Congressional Release letter from Congressman John J-----, he was released from military confinement. This led to retaliation against him from his commanding officer. At the same time, his family's living conditions continued to deteriorate and he went AWOL for approximately 4 months. Both times that he went AWOL was for the purpose of providing financial assistance and support to his family. h. Since being discharged he has held many positions of leadership and responsibility, including foreman for the City of Oklahoma City from 1972 to 1976, and foreman and exempt employee for the Santa Fe Railroad from 1976 to 1996 when he retired. i. He attended Real Estate Appraiser School and interned from 1997 to 2001 in Syracuse, NY. He worked as a county appraiser for the Wyandotte County Appraiser's Office from 2001 to 2003 and retired as an appraiser. He was self-employed and owner of an appraisal company from 2003 to 2008. He adds he is a 32nd degree Mason and has been married to the same woman for 47 years. j. He respectfully requests reconsideration of the Board's decision to correct his military records to show he was discharged with a general under honorable conditions discharge. Despite the negative things in his military record, his record also shows that he did his job with the utmost professionalism and leadership, and he never shirked his duties except when his family was in need. 3. The applicant provides copies of his marriage certificate, children's birth certificates, and a character reference letter. 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 AR20120007999, on 20 November 2012. 2. The applicant had prior active duty enlisted service in the U.S. Air Force, from 13 July 1964 through 6 January 1965, that was characterized as under honorable conditions. 3. A DD Form 47 (Record of Induction) shows the applicant was voluntarily (emphasis added) inducted into the U.S. Army on 11 April 1968. At the time, he was 21 years of age. a. It also shows in – * item 6 (Marital Status), an "x" in the box for "Single" * item 7 (Dependents) – * block a (Number of Children): "0" * block b (Other Dependents): "0" b. It also shows in item 8 (Prior Military Service) the applicant acknowledged prior service in the U.S. Air Force from 13 July 1964 through 6 January 1965. Item 8, block g (Character of Discharge or Service), shows the entry "Honorable." 4. A DD Form 1584 (National Agency Request Check), dated 16 April 1968, shows he was married. 5. He was awarded military occupational specialty 64A (Light Vehicle Driver). 6. Headquarters Battalion, U.S. Army Field Artillery Center, Fort Sill, OK, Special Court-Martial Order Number 187, dated 18 February 1969, shows that on 14 February 1969 the applicant pled guilty and was found guilty of being AWOL during the period 11 October 1968 to 21 January 1969. He was sentenced to confinement at hard labor for six months. 7. Headquarters Battalion, U.S. Army Field Artillery Center, Fort Sill, OK, Special Court-Martial Order Number 927, dated 14 August 1969, shows that on 6 August 1969 the applicant pled guilty and was found guilty of being AWOL during the period 22 March 1969 to 3 July 1969. He was sentenced to confinement at hard labor for 125 days and to forfeit $45.00 per month for 4 months. 8. In a statement, dated 18 February 1970, a stockade chaplain indicated the size of the applicant's family made it impossible for them to survive on what the applicant was paid. He indicated that the applicant stated he attempted to apply for a hardship discharge, but without success. The applicant's attitude towards the Army was that his family needed him more than the Army. The chaplain recommended the applicant be discharged from military service. 9. On 28 February 1970, the applicant was given a mental status evaluation by a psychiatrist serving in the rank of captain in the Medical Corps. a. The psychiatrist noted that the applicant's interest in the members of his family, rather than simple selfishness, caused him to go AWOL. b. He was diagnosed with an emotionally unstable personality. c. The psychiatrist found no indication of a disqualifying mental illness or disqualifying physical defects sufficient to warrant disposition through medical channels. d. He found the applicant was mentally responsible, able to distinguish right from wrong and to adhere to the right, and that he had the mental capacity to understand and participate in board proceedings. 10. On 9 March 1970, the Commander, Correctional Holding Detachment, notified the applicant of his intent to separate him under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability), for unfitness. The bases for his proposed action were the applicant had approximately 500 days of bad time (AWOL and confinement) and also his dislike for military service, lack of self-motivation, and negative attitude toward the military. He was advised of his rights and the separation procedures involved. 11. The applicant consulted with legal counsel and he was advised of the rights available to him. a. He was advised he might expect to encounter substantial prejudice in civilian life in the event a general discharge under honorable conditions discharge was issued to him. b. The applicant also acknowledged he understood he might be ineligible for many or all benefits as a veteran under both Federal and States laws if he received an undesirable discharge under conditions other than honorable and that he might expect to encounter substantial prejudice in civilian life. c. He waived consideration of his case by a board of officers. He also waived a personal appearance before an administrative separation board. d. He declined to submit statements in his own behalf. e. He waived representation by military counsel and/or civilian counsel at no expense to the government. f. The applicant and counsel placed their signatures on the document. 12. On 10 March 1970, the commander recommended the applicant's separation under the provisions of Army Regulation 635-212 for unfitness based on frequent incidents of a discreditable nature, including repeated commission of court-martial offenses. He noted the applicant was apprehended by civil authorities at Oklahoma City on 5 February 1970, returned to military control on 9 February 1970, and confined pending court-martial. 13. On 23 March 1970, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-212 for unfitness and directed the issuance of an Undesirable Discharge Certificate. 14. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was discharged on 26 March 1970 under the provisions of Army Regulation 635-212. His service was characterized as under conditions other than honorable. He had completed 5 months and 29 days of total active service and he had 532 days of time lost. 15. In support of his application the applicant provides the following documents: a. State of Oklahoma, Oklahoma County, Marriage License, that shows the applicant and Loraine W--- were married on 30 December 1965. b. State of Oklahoma, Department of Health, Certificate of Live Birth, that shows Marlena J. B---- was born on 11 January 1966, and the applicant and his wife are listed as her parents. c. State of Oklahoma, Department of Health, Certificate of Live Birth, that shows Gaither E. B---- III was born on 21 September 1967, and the applicant and his wife are listed as his parents. d. A letter from Willie M. W----, U.S. Air Force veteran, dated 27 January 2014, that shows he has known the applicant since 1962. He provides a summary of the applicant's responsibilities when he was a young man that included taking care of his mother, grandmother, wife, and children, while at the same time trying to live up to his obligation to the military after being drafted. Since then, he has seen the applicant grow into an honest, hard-working, and civic-minded man; outstanding citizen; and dedicated husband and father. He concludes that the applicant deserves a second chance. 16. Army Regulation 635-212, in effect at the time, set forth the policy and procedures for administrative separation of enlisted personnel for unsuitability and unfitness based on frequent incidents of a discreditable nature with civil or military authorities. It provided that when separation for unfitness was warranted, an undesirable discharge was normally considered appropriate. 17. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. b. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory, but not sufficiently meritorious to warrant an honorable discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for reconsideration of his request for an upgrade of his undesirable discharge to a general discharge because his family was under extreme financial hardship during the period of service under review and based on his post-service conduct and achievements was carefully considered. 2. Records show the applicant's marital status and number of dependents were incorrectly recorded at the time of his induction into the U.S. Army. It is noted that a DD Form 1584, dated 16 April 1968, shows he was married. Nonetheless, the evidence of record does not support the applicant's contention that he made sure that military officials were aware of his marital and family situation throughout the military induction process (emphasis added). 3. Records show the applicant's characterization of his prior service in the U.S. Air Force was incorrectly recorded at the time of his induction into the U.S. Army. It is noted that he was found qualified for induction into the U.S. Army. 4. The applicant's contention that his family was under extreme financial hardship and the reason he went AWOL was for the purpose of providing financial assistance and support to his family was considered. It is not clear how the applicant's periods of AWOL from the Army would improve the financial position of his family since the periods of AWOL would be periods of "no pay due" and he would be (for an unknown period of time) unemployed. In addition, it is reasonable to conclude that the applicant understood he would be subject to punishment as a result of his acts of indiscipline, which could include the forfeiture of pay. Despite this, the applicant decided to go AWOL for prolonged periods of time on at least two occasions and on a third occasion for an unspecified period. Thus, the applicant's contention regarding the extreme financial hardship his family was experiencing and the actions he took as a way to solve the problem is not easily understood. 5. The applicant's discharge for unfitness under the provisions of Army Regulation 635-212 based on frequent incidents of a discreditable nature with military authorities was administratively correct. All requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Considering all the facts of the case, the reason for his separation and characterization of his service were appropriate and equitable. 6. The evidence of record shows the applicant was convicted at two special courts-martial, both for the offense of AWOL, and he was pending a third court-martial for the offense of AWOL. In addition, he completed less than 6 months of his 24-month active duty obligation and he had 532 days (nearly 1 year and 6 months) of time lost. As such, the applicant's record of service during the period under review did not meet the standards of acceptable conduct and performance of duty for Army personnel. 7. In view of the foregoing, there is an insufficient basis for granting the applicant either an honorable or a general discharge. 8. The applicant's contentions regarding his post-service achievements and conduct were considered. However, his post-service conduct is insufficient as a basis for changing or upgrading his discharge. 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 AR20120007999, dated 20 November 2012. _______ _ _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) AR20140002585 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002585 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1