MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 February 2000                   
	DOCKET NUMBER:   AR1999017135

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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:  In effect, upgrade of his undesirable discharge.

APPLICANT STATES:  That they brought him papers to sign while he was in the stockade.  He had been locked up for six months and he wanted out so he signed the papers for his discharge.

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

He enlisted in the Regular Army on 5 May 1960.

On 2 June 1961, the applicant was convicted by a summary court-martial of being disrespectful towards his superior officer.  He was sentenced to 30 days restriction and to forfeit $50.00 pay.

On 26 July 1961, the applicant was convicted by a special court-martial of discharging a rifle in the barracks, disobeying a lawful command, and failing to go to his appointed place of duty.  He was sentenced to be confined at hard labor for 6 months and to forfeit $50 pay for 6 months.

While in confinement, the applicant was cited on nine occasions for such infractions as disobeying a direct order and acting in a disrespectful manner, using vulgar and profane language towards custodial guards, and possessing unauthorized items, excess letters and contraband.

On 28 August 1961, the applicant received a psychiatric evaluation.  He was found to be able to distinguish right from wrong and to adhere to the right and to be mentally capable of understanding and participating in board proceedings.  He was diagnosed with passive aggressive reaction, chronic, moderate, manifested by poor judgment, immaturity, irresponsibility and passive aggressiveness.

On 20 September 1961, an Evaluation and Classification Board recommended the applicant’s administrative separation after considering his military history, confinement record, psychiatric evaluation and the commanding officer’s recommendation.

On 25 September 1961, the applicant was notified he was being recommended for discharge for unfitness.  He declined counsel, waived his right to appear before a board of officers and elected not to submit a statement in his own behalf.

On 17 October 1961, the applicant’s commander recommended he be separated under the provisions of Army Regulation 635-208 for unfitness.  The commander 

cited his two courts-martial, two company punishments under Article 15 (not available), and his disregard for orders, irresponsibility, lack of motivation and unsatisfactory appearance that characterized his daily conduct.

On 27 December 1961, the appropriate authority approved the recommendation and directed the applicant receive an Undesirable Discharge Certificate.

On 23 January 1962. the applicant completed a separation physical and was found qualified for separation.

On 6 February 1962, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness, with an undesirable discharge.  He had completed 1 year, 3 months and 27 days of creditable active service and had 155 days of lost time (confinement). 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following:  frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.

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 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.

2.  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.  The type of discharge given was and still is appropriate considering his overall record of misconduct.

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

__mkp___  __gdp___  __tbr___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999017135	
SUFFIX		
RECON		
DATE BOARDED	20000211	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19620206	
DISCHARGE AUTHORITY	AR 635-208 	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.