MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            14 January 1999 
	DOCKET NUMBER:   AC98-12432
                                              AR1999015968

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		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 at least a general discharge.

APPLICANT STATES:  That during the Vietnam War he did not feel that it was the right thing to be in so he stupidly committed acts of felony to get out of it.

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

The applicant enlisted in Santa Barbara, California on 26 May 1965 for a period of 3 years and training as a medical specialist.  He successfully completed his training and was transferred to Fort Lewis, Washington on 8 February 1966.

On 26 May 1966 he reenlisted for a period of 3 years and assignment to Fort McArthur, California.  He was transferred to Fort McArthur on 16 June 1966.

On 6 September 1966 nonjudicial punishment (NJP) was imposed against the applicant for failure to go to his place of duty.  His punishment consisted of a forfeiture of pay.

On 30 November 1966 NJP was imposed against the applicant for cashing a bad check.  His punishment consisted of a reduction to the pay grade of E-3.

The applicant was convicted by a summary court-martial on 13 January 1967 of being AWOL from 3 December to 25 December 1966.  He was sentenced to be confined at hard labor for 30 days, to be reduced to the pay grade of E-1, and a forfeiture of pay.

The applicant’s commander submitted a recommendation on 14 February 1967 to separate the applicant from the service under the provisions of Army Regulation 635-212 for unsuitability.  He cited as the basis for his recommendation the applicant’s undisciplined and unlawful acts which indicated a general degeneration of character.  He further indicated that the applicant had borrowed a car belonging to another soldier and had a duplicate key made.  He then loaned the car to two other soldiers without permission of the owner and the car was involved in an accident.  It was discovered that the car had a stolen sticker attached to the window and the applicant claimed that the two soldiers had stolen the car.  He further indicated that the applicant purchased a car from another soldier and failed to live up to the payment agreement.  When the soldier repossessed the car he discovered numerous items in the car that had been stolen from the surgery section of the hospital where the applicant worked and turned them into the unit to be inventoried (the applicant was AWOL at the time). Additionally, the applicant had cashed five checks on an account that he had previously closed, he had received five delinquency reports from the military police, he had gone AWOL, and he required constant supervision to accomplish even the simplest of tasks.  Although not explained in the available records, the commander’s recommendation was disapproved.

On 19 September 1967 NJP was imposed against the applicant for two specifications of failure to go to his place of duty.  His punishment consisted of a reduction to the pay grade of E-2 and restriction for 14 days.

The applicant was convicted by a special court-martial on 19 December 1967 of stealing a credit card and 15 specifications of falsifying a signature with intent to defraud.  He was sentenced to confinement at hard labor for 2 months and a forfeiture of pay for 4 months.

On 16 February 1968 the applicant’s commander submitted a request to separate the applicant from the service under the provisions of Army Regulation 635-212 for unfitness because of his frequent incidents of a discreditable nature with civil and military authorities.  The applicant was advised of his rights and waived his appearance before a board of officers.

The appropriate authority approved the recommendation on 5 March 1968 and directed that he be furnished and Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 8 March 1968 under the provisions of Army Regulation 635-212 for unfitness based on frequent incidents of a discreditable nature with civil and military authorities.  He had served 2 years, 7 months, and 25 days of total active service and had 48 days of lost time due to AWOL.

There is no indication in the available records to show that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  It 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 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 applicant’s administrative discharge under the provisions of Army Regulation 635-212, was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

2.  Accordingly, the type of discharge directed and the reasons therefore appear to be appropriate considering all of the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, considering his overall undistinguished record of service, there appears no basis to warrant relief in his case.

4.   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.

5.  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

___rvo___  __slp ___  __kan___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12432/AR1999015968	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/14	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1968/03/08	
DISCHARGE AUTHORITY	AR635-212	
DISCHARGE REASON	UNFITNESS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  144.5100	A51.00	
2.		
3.		
4.		
5.		
6.