MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 November 1998                   
	DOCKET NUMBER:   AC98-11323

	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. Mike L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		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 honorable.

APPLICANT STATES:  That his religious beliefs and teachings would not allow him to harm or kill another person.  He contends that clemency is warranted because it is an injustice for him to continue suffering the adverse consequences of a bad discharge.

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

He was inducted into the Army on 15 September 1965 for 2 years.  He did not complete his initial training.

On 29 October 1965 the applicant received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for AWOL (22 days).  The punishment included a forfeiture of $43.00 per month for 2 months and restriction to the company area for 60 days.

On 29 March 1966 the applicant was convicted by a special court-martial of AWOL (119 days).  He was sentenced to confinement at hard labor for 6 months and a forfeiture of $55.00 per month for 4 months.  On 24 June 1966 the unexecuted portion of the sentence to confinement at hard labor was suspended for 6 months.  On 27 July 1966 the suspended sentence to confinement at hard labor was vacated and the applicant was again confined.

On 28 July 1966 the applicant was convicted by special court-martial for AWOL (26 days).  He was sentenced to confinement at hard labor for 6 months and a forfeiture of $60.00 per month for 6 months.  

On 1 September 1967 the applicant was convicted by special court-martial of AWOL (141 days).  He was sentenced to confinement at hard labor for 6 months and a forfeiture of $64.00 per month for 6 months.  On 28 September 1967 the unexecuted portion of the sentence to confinement at hard labor was suspended for 6 months.  On 25 March 1968 the suspended sentence to confinement at hard labor was vacated and the applicant was again confined.

On 26 March 1968 the applicant was convicted by a special court-martial of AWOL (165 days).  He was sentenced to confinement at hard labor for 6 months and a forfeiture of $68.00 per month for 6 months.  On 17 June 1968 the unexecuted portion of the sentence to confinement at hard labor was suspended until 9 October 1968.

On 27 May 1968 the applicant underwent a psychiatric evaluation.  He was diagnosed as having a passive-aggressive reaction.  No evidence of a psychiatric process or depression or any mental disease, defect or derangement sufficient to warrant separation under the provisions of Army Regulation 635-40 was found. The psychiatrist recommended that the applicant be administratively discharged from the service.

The applicant’s discharge packet is missing from his military records; however, his  separation document (DD Form 214) shows he was administratively discharged on 18 July 1968 under the provisions of Army Regulation 635-212 for unfitness.  His service was characterized as under other than honorable conditions.  He completed 3 months and 28 days of creditable active service and had 906 days of lost time due to AWOL and confinement.

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.

Army Regulation 635-212, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Paragraph 6a(1) of that 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 Discharge Certificate 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.  Lacking evidence to the contrary, administrative regularity is presumed in the applicant’s administrative separation under the provisions of Army Regulation 635-212, for unfitness.

2.  There is no evidence of record, nor has the applicant provided any evidence to support his contention that his religious beliefs prevented him from serving in the Army, or that his discharge is unjust.

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

__GDP___  __CLA___  __RWG___  DENY APPLICATION

						Loren G. Harrell
						Director