MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            11 February 1999  
	DOCKET NUMBER:   AR1998012373

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Carol Jo Suiter		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his discharge under other than honorable conditions be upgraded to honorable.  

APPLICANT STATES:  In effect, that while stationed in Hawaii he got married and his wife gave birth to a baby girl.  He extended for 6 months because his daughter was too young to travel and then he decided to reenlist and use the bonus money to send for his wife and child.  After arriving at Fort Hood, Texas, he got a letter from his wife stating that she was not coming to the mainland and she wanted a divorce.  He became so depressed and kept going AWOL to get out of the Army.  He contends that he paid back the money he received from his reenlistment bonus, that after saving for 30 years he was able to go and find his daughter and he still suffers from depression.   

EVIDENCE OF RECORD:  The applicant's military records show:

At age 17, he enlisted on 3 January 1956 for a period of 3 years.  He successfully completed training and was transferred to Hawaii for duty as a light weapons infantryman.

On 21 February 1958 he was convicted by a summary court-martial (SCM) of being AWOL from 17 February 1958 to 19 February 1958.  His punishment consisted of 21 days of hard labor without confinement and a forfeiture of pay.

On 10 April 1958 he was convicted by SCM of wrongful use with intent to deceive a certain instrument purporting to be a Temporary Identification Card.  His punishment consisted of 30 days of hard labor without confinement.

He was honorably discharged in the grade of E-4 on 7 April 1959 for immediate reenlistment for a period of 6 years.  

On 17 July 1959 the applicant was convicted by special court-martial of assaulting a military policeman by kicking him in both of his legs.  He was sentenced to be confined at hard labor for 3 months, forfeiture of $40.00 pay per month for 3 months and a reduction to pay grade E-1.

The convening authority approved only so much of the sentence as provided for  confinement at hard labor for 1 month, hard labor without confinement for
2 months, forfeiture of $40.00 pay per months for 3 months and reduction to pay grade E-1.

He was transferred to Fort Hood, Texas, in August 1959. 

On 6 June 1960, he was again convicted by SCM of being AWOL on three separate occasions (from 30 April 1960 to 17 May 1960; 1 June 1960 to 5 June 1960; and 4 April 1960 to 6 April 1960).  His punishment consisted of confinement at hard labor for 30 days.

The facts and circumstances surrounding the applicant’s discharge are not present in the available records.  However, his records indicate that on 12 July 1960 he was discharged under other than honorable conditions under the provisions of Army Regulation 635-208 for unfitness due to frequent incidents of a discreditable nature with civil or military authorities.  He had served 4 years,
4 months and 16 days of total active service and had 53 days lost time due to AWOL and confinement.

There is no evidence in the available records to show that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board’s 15-year statute of limitations. 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  Section II of the regulation provided, in pertinent part, for the separation of personnel for frequent involvement in incidents of a discreditable nature with civil or military authorities.  An undesirable discharge was normally considered appropriate.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were in accordance with law and regulations applicable at the time. 

2.  While the Board is empathetic, the applicant’s stated reasons of personal problems are not sufficiently mitigating to warrant an upgrade of his discharge.  Also, the applicant’s record of undistinguished service, combined with his disciplinary record, does not warrant equitable relief.

3.  The character of the discharge is commensurate with the applicant’s overall record of military service.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___inw__  ___vbc__  __cjs___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12667/AR1998012373	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/11	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1960/07/12	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	unfitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  A51.00		
2.  A64.00		
3.		
4.		
5.		
6.