MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 November 1998                   
	DOCKET NUMBER:   AC98-09930

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Raymond V. O’Connor		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 general under honorable conditions.

APPLICANT STATES:  That his low aptitude scores, level of education, and mental and physical problems impaired his ability to serve in the Army.  He submits numerous letters attesting to his good character and reputation.

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

He was inducted into the Army on 25 January 1955 for 2 years at 19 years of age.  His Aptitude GT score was 57.  He completed his initial training and was assigned to the 1st AAA Missile Battalion, Irwin, Pennsylvania.

On 25 July 1955 the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice for AWOL (less than 1 day).  The punishment was a reprimand and 14 days extra duty.

On 17 November 1955 the applicant was convicted by summary court-martial of assaulting another soldier.  He was sentenced to a forfeiture of $30.00.

On 4 January 1956 the applicant was convicted by a special court-martial of disobeying lawful orders from his superior noncommissioned and commissioned officers.  He was sentenced to confinement at hard labor for 6 months and a forfeiture of $55.00 per month for 6 months.

On 10 July 1956 the applicant was convicted by special court-martial of being disrespectful in language toward a warrant officer.  He was sentenced to confinement at hard labor for 6 months and a forfeiture of $55.00 per month for 6 months

On 30 July 1956 the applicant underwent a medical evaluation.  The physician found the applicant mentally and physically normal.  The applicant had no disqualifying mental or physical defects sufficient to warrant consideration for discharge under the provisions of Army Regulation 600-450, Separation for Physical Disability.

On 29 August 1956 a board of officers convened, considered the evidence of record and heard testimony from witnesses and the applicant.  The board of officers recommended that the applicant be discharged from the service because of unfitness.

On 9 October 1956 the appropriate authority approved the recommendation for discharge and directed that he be furnished an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 5 November 1956.  He completed 1 year, 3 months and 3 days of creditable active service and had 188 days lost time.

There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) for 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 having undesirable habits and traits of character.  Paragraph 2 of that regulation provided, in pertinent part, for the separation of personnel where there was evidence of misconduct.  An undesirable discharge was normally considered appropriate.

Army Regulation 635-200, chapter 14, serves as the current authority for the separation of enlisted personnel for acts or patterns of misconduct involving discreditable involvement with military authorities or conduct prejudicial to good order and discipline.  It states that a discharge under other than honorable conditions is normally considered appropriate for discharge under this chapter.

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 of the facts of the case.

3.  The applicant’s contention that his lack of education and impaired mental and physical condition were the cause of his misconduct has been noted.  However, his acts of misconduct, i.e., assaulting another soldier, disobeying lawful orders and being disrespectful in language toward a superior officer was detrimental to the very core and foundation of the military system.  Consequently, this contention is not sufficient for upgrading his discharge.

4.  His many favorable letters of support are noteworthy.  However, 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

___JEV__  __JNS___  __RVO___  DENY APPLICATION

						Loren G. Harrell
						Director