MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 January 1999                   
	DOCKET NUMBER:   AC98-13087
				   AR1998012493

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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:  The applicant does not state what he requests, but presumably it is an upgrade of his discharge under other than honorable conditions (UOTHC).

APPLICANT STATES:  The applicant makes no statement.

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

He enlisted in the Regular Army on 1 December 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 70A (Clerk).  He was later awarded primary MOS 64A (Light Vehicle Driver).

Between January and August 1967, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice on seven separate occasions for offenses such as disobeying a lawful order, failing to go to his appointed place of duty, having live ammunition in his possession, absenting himself from his appointed place of duty, and engaging in a fist fight

On 3 November 1967, the applicant was convicted by a special court-martial of failing to go to his appointed place of duty; going from his appointed place of duty without proper authority; disobeying a lawful order; and wrongfully possessing a small amount of marijuana.  He was sentenced to be reduced to pay grade E-1, to forfeit $64 pay for 6 months and to be confined at hard labor for 6 months.

On 24 November 1967, the applicant completed a separation physical examination and was found qualified for separation.  On this date also he completed a psychiatric evaluation.  That evaluation found him to be mentally responsible, able to distinguish right from wrong and to adhere to the right, and with the mental capacity to understand and participate in board proceedings.  It found no disqualifying or physical defects sufficient to warrant disposition through medical channels.

Action was initiated to separate the applicant under the provisions of Army Regulation 635-212 for unfitness.

The applicant was advised by counsel of the basis for the action, waived consideration of his case by a board of officers, waived personal appearance before such a board, waived representation by counsel and did not submit a statement in his own behalf.

The appropriate authority approved the recommendation and directed the applicant be given an undesirable discharge.

On 24 February 1968, the applicant was discharged, in pay grade E-1, with a discharge UOTHC under the provisions of Army Regulation 635-212 for unfitness.  He had completed 1 year, 2 months and 17 days of creditable active service and had 7 days of lost time.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  The 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, UOTHC discharge was normally considered appropriate.

On 16 March 1978, the Army Discharge Review Board (ADRB) reviewed the applicant’s discharge under the Department of Defense Special Discharge Review Program (SDRP) and denied his appeal.

On 8 February 1983, the ADRB again denied the applicant’s request for an upgraded discharge.

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 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.

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

3.  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

__KJN___  __FNE___  __JPI___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-13087/AR1998012493	
SUFFIX		
RECON		
DATE BOARDED	19990121	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1968/02/24	
DISCHARGE AUTHORITY	AR 635-212 .  .  	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.