MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            28 October 1999
	DOCKET NUMBER:   AR1998014323

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James P. Steuve		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 the undesirable discharge of her deceased husband, a former service member (FSM) be upgraded to an honorable discharge. 

APPLICANT STATES:  That the FSM was unjustly discharged from the service without any representation because he was young, black, and uneducated and did not know how to respond when accusations were level against him.  Additionally, he was injured while overseas and was discharged to keep from paying him disability or giving him benefits after his discharge.

EVIDENCE OF RECORD:  The majority of the FSM's military records were destroyed in the 1973 fire at the national Personnel Records Center in St. Louis, Missouri which destroyed millions of service records.  However, the remaining records show:

The FSM was inducted on 6 April 1953 in Dallas, Texas and was transferred to Fort Bliss, Texas to undergo his training. 

On 29 October 1953 he was convicted by a special court-martial of being AWOL from 1 October to 22 October 1953.  He was sentenced to a forfeiture of pay for 2 months. 

The FSM underwent a psychiatric evaluation after due to complaints of constant severe headaches and frequenting sick call.  The psychiatrist noted that the FSM had to be restrained from striking a commissioned officer and that he was frequently involved in physical altercations.  The psychiatrist opined that the FSM should be returned to duty in his military occupational specialty and that there was no basis for a discharge.

After completing his training was transferred to Korea on 8 February 1954.  On 13 August 1954 company punishment was imposed against him for being absent without leave.

On 24 August 1954 he again underwent a psychiatric examination.  The examining psychiatrist opined that the FSM was referred for evaluation because of his inefficient and irresponsible behavior.  He also opined that he had been convicted by courts-martial on two separate occasions, that he was a chronic complainer, and a constant source of trouble.  Even prior to entering the service he lived on the criminal fringe of society and was frequently engaged in brawling, drunken and promiscuous behavior.  He further opined that the applicant was able to distinguish between right and wrong and to adhere to the right and that he was unfit for rehabilitation or military service.

 On 5 September 1954 he was notified that he was to appear before a board of officers to determine whether or not he should be discharged from the service for unsuitability or unfitness.  He was appointed a defense counsel and was informed that if he desired to chose another officer for counsel, he was required to submit his request in writing.

The administrative separation board was convened on 8 September 1954 and the applicant declined the opportunity to challenge any of the members of the board.  Testimony was presented by several members of the unit to the effect that the applicant constantly went on sick call and nothing could be found wrong with him.  Additionally, he refused orders to get a haircut, to take a bath, clean his uniforms and keep his equipment in order.  His overall work and attitude was poor and he had expressed his desire to get out of the Army any way he could.  Testimony was also given to the effect that the applicant was allowed to see the chaplain and was afforded the opportunity to get a haircut but refused to do so.

The FSM testified that until he was assigned to the field artillery he had no problems and that many times he went on sick call just to stay out of trouble.  He contended that the commander would not allow him to see the chaplain and that he was not afforded the opportunity to see the chaplain.  He also stated that he did not want out of the Army, that he desired to complete his time, and that he desired to be assigned to the motor pool.  He also stated that he did not utilize the chain of command because he never got results.

The Board recommended that the FSM be discharged from the service under the provisions of Army Regulation 615-368 for unfitness and that he be furnished an Undesirable Discharge Certificate. 

He departed Korea on 23 November 1954 and was transferred to Fort Bliss for separation.  However, on 4 December 1953 he was convicted by a summary court-martial of being absent from his place of duty.  He was sentenced to a forfeiture of pay and restriction.  

He was discharged under other than honorable conditions on 15 December 1954 under the provisions of Army Regulation 615-368 for unfitness.  He had 21 days of lost time due to AWOL and was not recommended for award of the Army Good Conduct Medal by his commander.

At the time of his separation physical on 14 December 1954 there were no illnesses or injuries noted and he was cleared for separation.

Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness.  That regulation provided for the discharge of individuals who had demonstrated their unfitness by giving evidence of habits and traits of character manifested by misconduct.  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 FSM’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 even given the limited information contained in the available records.

3.  The applicant’s contentions have been noted by the Board.  However, they are not supported by the available evidence of record and are not sufficiently mitigating when compared to the FSM’s overall undistinguished record of 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

___tdh___  __tnk___  ___jps___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998014323	
SUFFIX		
RECON		
DATE BOARDED	1999/10/28	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1954/12/15	
DISCHARGE AUTHORITY	AR615-368	
DISCHARGE REASON	UNFITNESS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583 	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.