MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            29 July 1999
	DOCKET NUMBER:   AR1999018012

	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. Charles H. Loundermon		Chairperson	
	Ms. Shirley L. Powell		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:  That his undesirable discharge be upgraded to a general discharge.

APPLICANT STATES:  That he went AWOL while attending his advanced individual training (AIT) due to his daughters stillborn death on 26 August 1964.  He further states that he was given a 4-day emergency leave and he requested a 7-day extension which was denied.  He goes on to state that it was a traumatic event for both he and his wife and that he was distraught and angry with the Army for denying him the extension.  He further states that he believes that it was unfair for them to do so because no one knows how it feels to lose a child until it happens to them.  In support of his application he submits a copy of his daughter’s death certificate dated 26 August 1964.

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

The applicant enlisted in Cleveland, Ohio on 31 March 1964 for a period of 3 years.  He was single at the time of his enlistment and was transferred to Fort Knox, Kentucky to undergo his training.

He successfully completed his basic training and was transferred to another unit at Fort Knox on 22 June 1964 to undergo his AIT as an armor intelligence specialist.

On 7 August 1964 he was convicted by a summary court-martial of being AWOL from 13 July to 24 July 1964.  He was sentenced to hard labor without confinement for 15 days and a forfeiture of pay.

The applicant again went AWOL on 30 August 1964 and remained absent until he was apprehended by civil authorities in Dover, Ohio on 16 November 1964 and was returned to military control on 20 November 1964.

He was convicted by a special court-martial on 17 December 1964 of being AWOL from 30 August to 20 November 1964.  He was sentenced to confinement at hard labor for 4 months and a forfeiture of pay.

He underwent a psychiatric evaluation and was determined to be mentally responsible. able to distinguish right from wrong and adhere to the right, that he had the mental capacity to understand and participate in board proceedings, and he had no disqualifying mental defects sufficient to warrant disposition through medical channels.  The examining psychiatrist opined that the applicant was an extremely immature young man whose judgment was poor and that his value to military service was slight.  He recommended that the applicant be separated from the service under the provisions of Army Regulation 635-208.

On 8 January 1965 the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-208 for unfitness.  He cited as the basis for his recommendation the applicant’s disciplinary record and his mental status evaluation.

The applicant elected to waive consideration of his case by a board of officers and elected not to submit a statement in his own behalf

The appropriate authority (a major general) approved the recommendation for separation on 15 January 1965 and directed that he be furnished an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 23 January 1965, under the provisions of Army Regulation 635-208, for unfitness based on his involvement in frequent incidents of a discreditable nature with civil or military authorities.  He had served 4 months, and 19 days of total active service and had 157 days of lost time due to AWOL and confinement.

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.

A review of the applicant’s records shows that he was granted 1 day of excess leave on 18 June 1964 and 3 days of excess leave from 27 August to 29 August 1964.

The certificate of stillbirth (fetal death) submitted by the applicant shows that his daughter was stillborn as a result of premature delivery (5 months) on 27 August 1964. 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities.  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 separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would tend to jeopardize his rights.

2.  Accordingly, the type of discharge directed and the reasons therefor were appropriate considering all of the available facts of the case.
3.  The applicant’s contentions have been noted by the Board and the Board is sympathetic towards the loss of his child; however, given his unexplained AWOL well before the birth of his child and his otherwise undistinguished record of service, they are not sufficiently mitigating to warrant an upgrade of his discharge.

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

__slp____  __chl____  ___clg__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018012	
SUFFIX		
RECON		
DATE BOARDED	1999/07/29	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1965/01/23	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	A5100/UNFITNESS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583 	144.5000/A51.00/UNFITNESS	
2.		
3.		
4.		
5.		
6.