MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 January 1999    
	DOCKET NUMBER:   AC98-10698
				   AR1999017638

	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. Kenneth Aucock		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:  In effect, the applicant requests that his general discharge be upgraded to honorable; that his DD Form 214 be corrected to show all the medals and training that he received.  

APPLICANT STATES:  That he completed basic training and was sent to the wrong school for advanced individual training.  He states that there is no record that he qualified with the M-16 rifle, and that his rank at the time of his discharge should have been Private E-2, versus Private E-1.  He states that he did not have any non-pay periods, and implies injustice in his discharge.     

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

The applicant enlisted in the Army for three years for Army career group 70 (clerical) on 5 March 1968, completed basic training at Fort Gordon, Georgia, where he qualified as an expert with the M-16 rifle.  On 3 May 1968 orders were published transferring him to Fort Jackson, South Carolina, for training in the clerical field.  

He was AWOL from 15 June 1968 until 29 July 1968, and on 22 August 1968 he was arraigned, tried, and convicted by a special court-martial for that AWOL and for violating the conditions of his parole.  He was in confinement for 30 days, and on 3 September 1968 was again AWOL until 8 January 1969.  

On 29 January 1969 the applicant was psychiatrically evaluated at the 
Fort Dix, New Jersey stockade.  The examining psychiatrist stated that the applicant had an emotionally unstable personality, chronic, severe, manifested by impulsive, assaultive behavior, depressive moods, severe headaches, repeated suicide attempts, repeated AWOL, poor school performance, difficulty in persevering with a given task, and homosexuality.  He had a long history of severely disordered behavior and his impairment for further military duty was severe.  These conditions existed prior to his service (EPTS).  The applicant was free from mental defect, disease, or derangement as to be able to distinguish right from wrong and to adhere to the right.  He was mentally responsible, had the capacity to understand the nature of board and judicial proceedings, and to cooperate in his own defense.  He had no mental or physical defects warranting disposition through medical channels.  He was psychiatrically cleared for any action deemed appropriate.  The applicant had a long history of severely disordered and impulsive behavior and the examining psychiatrist opined that it would be ill-advised and potentially dangerous to retain him on active duty.  He recommended that the applicant be administratively separated. 

On 25 February 1969 the applicant was arraigned, tried, and convicted by a special court-martial for AWOL from 3 September 1968 to 8 January 1969.  He was sentenced to confinement for 3 months.  The unexecuted portion of that sentence was remitted effective 25 March 1969. 
On 10 March 1969 the applicant’s commanding officer notified the applicant that he was recommending that the applicant be separated from the Army because of unsuitability under the provisions of Army Regulation 635-212.  The applicant consulted with counsel, stated that he understood the basis of the contemplated action and declined to submit a statement in his own behalf.  He stated that he understood the nature and consequences of the general discharge that he might receive.  

On 19 March 1969 the applicant’s commanding officer recommended that the applicant be eliminated from the Army and that a General Discharge Certificate be furnished.  The separation authority approved that recommendation on that same date.

The applicant was discharged on 26 March 1969.  He had 3 months and 19 days of service, and 278 days of lost time.  His rank at the time of his discharge was Private E-1.  His DD Form 214 (Report of Transfer or Discharge) shows he completed basic training (ATP 21-114), code of conduct, CBR, and military justice training.  That form does not show that he qualified as an expert with the rifle.  The applicant’s records show no evidence that he was ever advanced to the rank of Private E-2.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel.  Paragraph 6 of the regulation provided, in
pertinent part, that an individual was subject to separation for unfitness because  of frequent incidents of a discreditable nature with civil or military authorities.  When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.

Army Regulation 635-212, then in effect, set forth the policy and procedures for the administrative separation of enlisted personnel for unfitness and unsuitability. 
It provided, in pertinent part, for the discharge due to unsuitability of those individuals with character and behavior disorders and disorders of intelligence as
determined by medical authority.  When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
In view of the applicant's numerous acts of indiscipline, it does not appear that his general discharge was severe.  The Board notes that the applicant could have received an undesirable discharge for unfitness in view of his frequent discreditable acts.

2.  The applicant's allegations that he was sent to the wrong school and that his rank was Private E-2 are unsupported by the evidence of record.  The evidence clearly shows 278 days of time lost (non-pay periods).  There is no injustice done to the applicant.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant

3.  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

4.  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.

NOTE:  The Army Review Board Support Agency at St. Louis is directed to correct the applicant's DD 214 to show that he was awarded the Expert Qualification Badge with rifle bar.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__lls______  __rwg___  ___clg__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC9810698/AR1999017698	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990128	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.110.00		
2.		
3.		
4.		
5.		
6.