MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            28 January 1999
	DOCKET NUMBER:   AR1998014306

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		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 general discharge be upgraded to an honorable discharge.

APPLICANT STATES:  The discharge that I received left me under the impression that I could return to the Army when I got custody of my son.  I got a court-martial I never should have gotten which was told me by the main Colonel of the court-martial.  I would like to come before a board if it is necessary.

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

That he enlisted in the Regular Army on 8 July 1955.  After completing airborne training, he was assigned as an airborne infantryman at Fort Bragg.  He was previously enlisted in the Marine Corps from 3 January 1952 to 21 October 1954 and fought in Korea.

According to the applicant's statement in a Army psychiatric examination in March 1959, he enlisted in the Army earlier in 1949, while underage, and one year later received a minority discharge.  In January 1952, he enlisted in the Marine Corps at the age of seventeen, saw considerable combat duty in Korea, and states that he was discharged with the rank of Sergeant in October 1953.  He reportedly received two summary courts-martial in the Marine Corps, one for assault against an NCO and the other for assault against an officer, and states that though he was honorably discharged, he was not recommended for reenlistment because of this delinquency.  He enlisted in the Army in July 1955, completed basic airborne training, and was transferred to Germany for one and one-half years with the 11th Airborne Division.  He received a compassionate transfer back to the States because of a son's death.

The applicant was assigned to the 11th Airborne Division in Germany on 
15 March 1956.  He achieved the grade of E-4 (temporary) on 30 August 1956.  He was reassigned to Fort Bragg on 21 June 1957 as a medical specialist.

On 17 January 1958, the applicant received a general court-martial for a 
20 December 1957 assault on his wife and sister and a 21 December 1957 incident of disrespect toward a superior officer.  He was reduced to E-1, confined at hard labor for 4 months and forfeitures of pay for 4 months.  He was confined from 21 December 1957 to 17 March 1958.

On 12 March 1959, the applicant's commander requested an administrative separation board be conducted to determine whether or not the applicant should be discharged for character or behavior disorders.  The commander stated that 

the applicant, "Had been counseled numerous times, been given varying duties, and every advantage to better himself as a soldier.  He has given no heed to any of the advise afforded him and has continued to perform his duties lethargically." "The (applicant's) attitude toward the military and (his) aggressive tendencies create dissension among his fellow soldiers.  EM's belligerent attitude causes difficulty with soldiers, NCO's, and officers.  He requires constant supervision and is a liability to this unit.  EM is undependable in performance of duty and determined to leave the military service by any means."

His section sergeant stated that since assignment to his section on 10 January 1959, the applicant was given leave to his home in February, "and when he returned he was disrespectful and belligerent.  He has not been performing his duties properly and is detrimental to the unit."

In a 9 March 1959 psychiatric evaluation of the applicant, the Army psychiatrist concluded that, "Diagnosis is that of aggressive reaction, chronic, moderate, manifested by persistent and strong feelings of hostility, arising from minimal stimuli; incompatibility with authority figures in school, on the job, and in the Army; a long history of numerous altercations, some under the influence of alcohol."  "He has recently been AWOL on two occasions, the latter occasion apparently a deliberate attempt to provoke administrative separation from the service."  "The main content of his thought is his determination to leave the Army and this is stated in such a way as to imply further delinquency if this demand is not met."  "It is felt that the (applicant) will no longer continue to serve effectively in the military and it is recommended that he be administratively separated from the service by action deemed appropriate by command."

The applicant was advised in writing of a recommendation for a Board of Officers to make a determination for an administrative discharge.  The applicant was advised of his rights by a legal officer chose not to call for witnesses in his defense or to request counsel.  The board was conducted on 17 March 1959.  The applicant presented no evidence to the board in his defense and elected to remain silent on his own behalf.  The board considered the evidence including witness statements from his commander and section supervisor and his psychiatric evaluation.  The board recommended that the applicant be separated with a general discharge under paragraph 3, AR 635-209, unsuitability for further military service by reason of character and behavior disorders.  The applicant was so discharged on 19 March 1959 as an E-3 with total active service in the Army and Marine Corps of 6 years 9 months 6 days.

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.  That the applicant's administrative separation for unsuitability, character and behavior disorders, with a general discharge, was correctly administered and just considering the applicant's military personnel and medical records and the governing regulation, AR 635-209.

2.  The record does not contain any evidence nor has the applicant submitted any evidence to prove his contention of error or injustice.  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

_LLS____  _RWG__  _CLG____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998014306	
SUFFIX		
RECON		
DATE BOARDED	19990128	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19590319	
DISCHARGE AUTHORITY	AR .635-209, Chapter3	
DISCHARGE REASON	Unsuitability	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.