MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            31 March 1999
	DOCKET NUMBER:   AR1999016263

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Walter T. Morrison		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 an honorable or a general discharge.

APPLICANT STATES:  That he was only 19 years old when he was discharged from the Army and he was never given psychological treatment or an examination to determine his inability to adapt to military life.  He further states that at the time of his discharge, he had been sexually molested several times when he was a teenager.

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

On 14 September 1966, he enlisted in the Army for 3 years in the pay grade of 
E-1.  

On 14 February 1967, the applicant was convicted by a special court-martial of being AWOL from 7 October until 14 October 1966.  His sentence consisted of a forfeiture of pay and confinement at hard labor.

Nonjudicial punishment was imposed against the applicant on 4 March 1967 for failure to appear at his appointed place of duty.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

He was convicted again by a special court-martial on 9 may 1967 of wrongfully using provoking words toward another soldier.  His sentence consisted of a forfeiture of pay and confinement at hard labor.  

The facts and circumstances pertaining to the applicant's discharge are not on file. The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 9 October 1967, under the provisions of Army Regulation 635-212, for unfitness, frequent involvement in incidents of a discreditable nature with civil or military authorities.  He had completed only 7 months and 4 days of total active service and he was issued an Undesirable Discharge Certificate.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of the 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 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.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The character of the discharge is commensurate with his overall record of service.

3.  There is no evidence of record, nor has the applicant submitted any evidence to support his contention that he was unable to adapt to military life or that he was sexually molested when he was a teenager.  Although the facts and circumstances surrounding his discharge are not available, his DD Form 214 clearly shows that he was discharged for unfitness, frequent involvement in incidents of a discreditable nature with civil or military authorities.

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

__wtm___  __jhk ___  __cwb___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016263	
SUFFIX		
RECON	 	
DATE BOARDED	1999/03/31	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1967/10/09	
DISCHARGE AUTHORITY	AR 635-212 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  260		
2.  671		
3.		
4.		
5.		
6.