MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            4 August 1999
	DOCKET NUMBER:   AR1999017757

	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. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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, that his undesirable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That at the end of his 3-year enlistment, he was asked to reenlist.  He states that he agreed to reenlist with the stipulation that he be given an honorable discharge and that he be sent to Garrison Motor Pool to work on cars.  He further states that after he completed his first period of enlistment he was given an Honorable Discharge Certificate instead of a Report of Separation or Discharge (DD Form 214) and sent to Georgia where he was placed in the field to work on trucks.  He continues by stating that he tried to resolve the problem through his chain of command; however no one would listen to him or help him.

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

On 15 April 1971, he enlisted in the Army for 3 years in the pay grade of E-1.  At the time of his enlistment he indicated that he desired to be trained in the military occupational specialty of automotive mechanic and he successfully completed his training as a wheel vehicle mechanic.

Nonjudicial punishment (NJP) was imposed against the applicant’ on 12 July 1973, for being in an improper and unclean uniform, for being absent from his place of duty, and for violating a lawful order.  His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.

On 7 August 1973, NJP was imposed against him for failure to obey a lawful order.  His punishment consisted of a reduction in pay grade and a forfeiture of pay.

He was honorably discharged for the purpose of immediate reenlistment on 18 March 1974.  He had completed 2 years, 11 months and 4 days of total active service and he was issued a DD Form 214 that reflects this period of enlistment.

On 19 March 1974, he reenlisted in the Army for 4 years in the pay grade of E-3. His statement for enlistment shows that he opted to be stationed at Fort Gordon, Georgia.  Accordingly, on 2 May 1974, he was transferred to Fort Gordon, Georgia.

On 18 October 1974, the applicant was convicted by a special court-martial of being AWOL from 3 September 1974 through 29 September 1974.  His sentence consisted of confinement at hard labor, a reduction in pay grade, a forfeiture of pay and transfer to the Retraining Brigade at Fort Riley, Kansas.

On 3 November 1974, during an interview with his counsel, the applicant made a statement refusing to return to duty and indicating that was ready to accept any type of discharge.  On 6 November 1974, during the team commander’s interview, the applicant demanded to be discharged and he stated that he was unable to adapt to military life.

On 1 December 1974, he was notified that elimination action had been initiated against him under the provisions of Army Regulation 635-200, chapter 13 for unfitness.  He acknowledged receipt of notification and, after consulting with counsel, he waived his rights and he opted not to submit a statement in his own behalf.

The appropriate authority approved the recommendation for discharge on 3 December 1974.  Accordingly, on 5 December 1974, the applicant was discharged under the provisions of Army Regulation 635-300, chapter 13 for unfitness.  He had completed 3 years 5 months and 8 days of total active service and he was issued an Undesirable Discharge Certificate.

There is no evidence of record to show that the applicant ever applied to the Army Discharge Review Board within that board’s 15-year statute of limitation.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unfitness.  Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense.  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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are not supported by either the evidence of record or the evidence submitted with his application.  The record clearly shows that he was assigned to Fort Gordon, Georgia and he was performing his duties as a wheel vehicle mechanic as he requested in his enlistment contract.  
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

__fkm ___  __gp____  __inw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017757	
SUFFIX		
RECON		
DATE BOARDED	1999/08/04	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1974/12/05	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  713	144.7100/A71.10/Triable by CM: Absent from appointed place of duty	
2.  718	144.7500/A75.00/Triable by CM: DOLO	
3.  728	144.7610/A76.10/Triable by CM: Making false official statement	
4.		
5.		
6.