MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            18 March 1999
	DOCKET NUMBER:   AR1999018376

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Ernest W. Lutz, Jr.		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 he was young and was found sleeping at his post.
He also states that he wants to clear his record.

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

The applicant entered active duty on 17 May 1954 and served as an armor crewman.

He was convicted by summary court-martial on 26 September 1955 for sleeping at his post while performing duty as a sentinel.  His punishment consisted of a forfeiture of pay and 45 days confinement.  His sentence was approved and adjudged on 26 September 1955.

The applicant’s DD Form 789 (Unit Punishment Record) shows that the applicant missed bed check on 6 November 1955 and was derelict in his duties on 26 November 1955 and 21 March 1956.  His punishment consisted of restriction, extra duty and confinement.

He was convicted by a special court-martial on 24 April 1956 for sleeping at his post while performing duty as a sentinel on 21 April 1956.  His sentence consisted of a forfeiture of pay and confinement at hard labor for 6 months.  His sentence was approved and adjudged on 27 April 1956.

On 15 August 1956, the applicant underwent a psychiatric evaluation which determined that there was no evidence of psychosis or neurosis, and that this was a personality disorder of anti-social personality type.  The psychiatrist indicated that the applicant had a civilian history of numerous instances of anti-social events and delinquent behavior for which he was in constant trouble with civilian police.  He also indicated that the applicant appeared disinterested in his duty in the Army.  He further indicated that the applicant should be
administratively discharged under the provisions of Army Regulation 635-208 for unfitness.  

On 7 September 1956, the applicant’s commander requested that the applicant appear before a board of officers to determine his eligibility for discharge under the provisions of Army Regulation 635-208.  He cited as the basis for his recommendation, the applicant’s misconduct, pathological lying, possession of unclean habits, repeated petty offenses not warranting trial by court-martial and
his habitual shirking.

The applicant appeared before a board of officers under the provisions of Army Regulation 635-208 on 22 October 1956 without military counsel.  The President of the Board explained his right for individual counsel and the applicant replied that he understood, but still persisted that he did not want counsel.  The president then advised the applicant that he, the President, would act as his counsel.

The applicant was present during all open sessions of the board and was afforded full opportunity to cross exam each witness and to present evidence and or witnesses in his own behalf.  The board of officers recommended that the applicant be discharged under the provisions of Army Regulation 635-208 for undesirable habits or traits of character.

On 7 December 1956, the appropriate authority approved the recommendations and findings of the administrative board.  

The applicant underwent a separation medical examination on 10 December 1956 and was found qualified for separation.

The applicant was discharged on 19 December 1956.  He had a total of 2 years, 1 month, and 23 days of creditable service and had a 159 days of lost time due to confinement.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character.  Paragraph 2 of the regulation provided, in pertinent part, for the separation of personnel where there was evidence of an antisocial or amoral trend, chronic alcoholism, drug addiction, pathological lying, or misconduct.  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 indication of procedural errors which would tend to jeopardize his rights.

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

3.  The applicant’s contention that he was young at the time is not sufficiently mitigating to warrant relief.  The Board notes that the applicant was over 18 years of age at the time of his enlistment and over 19 years of age at the time of his first offense.

4.  The applicant’s record of undistinguished service and infractions of discipline does not warrant relief.

5.  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.

6.  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

JMA____  KYF_____  EWL____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018376	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990318	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19561219	
DISCHARGE AUTHORITY	AR635-208, chapter 2 	
DISCHARGE REASON	Undesirable habits or traits of character	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.