MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             8 July 1999                  
	DOCKET NUMBER:    AR1998013215

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O’Connor Jr.		Member	
	Mr. Roger W. Able		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 undesirable discharge (UD) be upgraded to honorable.

APPLICANT STATES:  In effect, that he was young, immature and had a drinking problem and did not realize how his misconduct would affect his future life.  He further states he does not drink anymore and has learned from his mistakes.

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

On 31 January 1955 he enlisted in the Regular Army for a period of 3 years.  At the time of his enlistment he was 21 years old.  He completed one station unit training (OSUT) at Fort Riley, Kansas.  Upon completion of OSUT he was awarded the military occupational specialty (MOS) 112 (Heavy Weapons Infantry Man) and was assigned to Germany.

On 11 May 1956 the applicant was found guilty by a summary court-martial of breaking restriction.  He was sentenced to 30 days hard labor and a forfeiture of $60.00.

On 29 October 1956 the applicant was found guilty by a summary court-martial for AWOL and breaking restriction.  He was sentenced to 30 days hard labor and a forfeiture of $50.00 

On 31 July 1957 the applicant was found guilty by a special court-martial of two specifications of failure to go.  He was sentenced to 3 months of hard labor and a forfeiture of $60.00 per month for 3 months.

On 8 October 1957 his commanding officer recommended that the applicant be eliminated from the service for unfitness under the provision of AR 635-208 because of his continued misconduct and unsatisfactory performance.  On 15 October 1957, after being advised of his right to counsel, the applicant declined counsel.  The applicant’s case was referred to a board of officers.  On 6 November 1957 the applicant requested legal representation before a board of officers.

On 20 November 1957 the board of officers found that retention of the applicant in the military was undesirable.  The appropriate authority approved the applicant’s discharge with a UD.  Accordingly, on 7 December 1957 he was discharged from service with 2 years, 8 months, and 18 days of active military service.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 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.  That regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  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.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.  The type of discharge directed and the reasons were commensurate with the applicant’s overall record of military service.

2.  The board noted the applicant was 21 years of age when he entered the Army.  The Board further noted that the applicant completed basic and advanced individual training without incident.  The Board concluded that the applicant’s capability to serve was not mitigated by his age at time of entry or that he was any less mature than other soldiers of the same age who completed their enlistment.

3.  By abusing alcohol, the applicant knowingly risked a military career, and this misconduct diminished the quality of service below that meriting a general, under honorable conditions or a fully honorable discharge.  The Board determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct that led to his separation.  The Board congratulates the applicant on his success with overcoming his alcohol problem.

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

___jh___  __rvo____  ___rwa___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013215	
SUFFIX		
RECON		
DATE BOARDED	1999/07/08	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1957/12/07	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	unfitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.	A9301	
2.	A9319	
3.	A9221	
4.		
5.		
6.