MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           10 December 1998   
	DOCKET NUMBER:   AC98-12354

	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. Theodore Heartley		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Stanley Kelley		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 be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that when he explained the details of his mother’s condition to his commander, he was given the choice of remaining in the service or accepting an other than honorable discharge; that his mental state caused him not to realize the impact of his decision; and that he just recently learned he could apply for a discharge upgrade.  

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

He enlisted on 2 April 1954 for a period of 3 years.  He completed his initial training as a lineman at Camp Gordon, Georgia (now known as Fort Gordon).  

During the period from 2 April 1955 to 1 November 1955, non judicial punishment by Article 15, UCMJ, was imposed against him 7 times for offenses including AWOL (3 times, all, apparently, less than 24 hours), disorderly conduct, a uniform violation, drunk on duty, and failure to obey a standing order.  His punishments included restriction and extra duty.

On 8 June 1956, he was convicted by summary court-martial for disobeying a lawful order.  His sentence included reduction to private (E-2) and forfeiture of $50.00.

On 3 November 1956, he was convicted by summary court-martial for AWOL (period of time unspecified).  He was sentenced to a forfeiture of $60.00.

On 23 November 1956, he was convicted by summary court-martial, a third time, disobeying a lawful order.  His sentence included 30 days at hard labor and forfeiture of $65.00.

On 3 December 1956, a board of officers determined that his continued service was a waste of time and money and recommended, unanimously, that he be immediately separated because of his undesirable habits or traits of character.

A medical examination on 3 December 1956 cleared him for separation.

His DD Form 214, separation document, shows that on 11 January 1957, he was separated under other than honorable conditions under the provisions of Army Regulation 635-208.  He had completed 2 years, 9 months and 10 days of creditable service with no lost time.

Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness.  Separation action was to be taken when the commander determined that the best interest of the service would be served by eliminating the individual concerned and: reasonable attempts to rehabilitate or develop the individual to be a satisfactory soldier were unlikely to succeed; or rehabilitation was impracticable.  An undesirable discharge was normally considered appropriate.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

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 request for upgrade of his undesirable discharge is not warranted when the evidence of record is considered.

2.  His 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 therefor were appropriate considering all the facts of the case.

3.  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 which would satisfy the aforementioned requirement.

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.