MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 February 1999                   
	DOCKET NUMBER:   AC-9811173
				   AR1998014512

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Patrick Bogenberger		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Gary F. Geraets		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 general under honorable conditions.

APPLICANT STATES:  That after his confinement he tried to become a better soldier.  He also states that every effort was made to please his commander but the decision to separate him was already locked in his commander’s mind.

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

The applicant enlisted in the Army on 28 February 1974 for a period of 3 years.  He was awarded military occupational specialty 36K (Field Wireman). His highest 
rank attained was private (E-2).

The applicant was assigned to Fort Riley, Kansas.  He received nonjudical punishment for being derelict in the performance of his duties, assault and failure to repair, 2 periods of AWOL (26 December 1974 through 3 January 1975 and 24 February through 6 March 1975), violating a lawful general regulation, disobeying a lawful order, and disobeying a lawful order from his superior commissioned officer.

Civil authorities in St Clair, Illinois, apprehended him on 29 November 1975.  He was charged with and convicted of theft.  He was sentenced to 82 days in the
St Clair County jail.  He completed his confinement and was returned to military control on 16 February 1976. 

He was convicted by a special court-martial on 12 April 1976 for failure to repair (4 specifications), AWOL (9 March through 16 March 1976), and for being disrespectful toward his superior noncommissioned officer.  He was sentenced to confinement at hard labor for 10 weeks and forfeiture of $200.00 pay per month for 2 months.  The convening authority approved the sentence and the applicant was placed in confinement.

While in confinement the applicant was notified by his commander that separation action was being initiated to eliminate him from the Army under the provisions of chapter 13, Army Regulation 635-200 for unfitness.  The commander stated as the basis for the separation action the applicant’s disruptive influence on the unit, his history of irresponsibility, AWOL and open hostility towards his superiors and their authority.  The applicant acknowledged the separation action, requested consulting counsel, and requested a personal appearance and hearing before a board of officers.

The board of officers met on 10 June 1976 and recommended that the applicant be separated from the Army under other than honorable conditions.  The board’s recommendation was approved by the appropriate authority and on 
6 August 1976 the applicant was discharged from the Army.  His service was characterized as under other than honorable conditions.  He had served 1 year and 11 months of total active service and had 189 days of lost time due to AWOL and confinement.

The applicant submitted a request for an upgrade of his discharge to the Army Discharge Review Board, and it was denied on 17 February 1977.

Army Regulation 635-200, chapter 13, in effect at the time, established policy and provided guidance for eliminating enlisted personnel found to be unfit or unsuitable for further military service.  An individual could be found unfit for various types of misconduct that included frequent incidents of a discreditable nature with military or 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.   The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant was given the opportunity to “become a better soldier” following imposition of nonjudicial punishment early in his term of service.  However, he persisted in his misconduct, resulting in a civil conviction and a court-martial conviction.  The commander’s decision to separate him from the Army was fully supported by this record of misconduct.    

4.  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 the aforementioned requirement. 

5.  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

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11173	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990210	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A50.00	
2.		
3.		
4.		
5.		
6.