MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           18 March 1999
	DOCKET NUMBER:   AR1999019330

	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:  That his undesirable discharge be upgraded to a general discharge.

APPLICANT STATES:  In effect, that he served 2 ½ years and that he did not 
deserve an undesirable discharge.

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

The applicant entered active duty on 24 October 1972 for a period of 3 years and served as a wheel vehicle mechanic.

Beginning in August 1973, the applicant received several nonjudicial punishments (NJP) for instances of failure to go to his appointed place of duty,
absence from his place of duty and for breaking restriction.  He also received numerous counseling statements and a letter of indebtedness. 

He was convicted by a special court-martial for assault.  His sentence consisted of a forfeiture of pay and confinement at hard labor for 1 month.  His sentence was adjudged on 10 December 1973 and approved on 22 January 1974.

The applicant was barred from reenlistment on 15 February 1974 for the aforementioned offenses.

On 5 February 1974 the applicant was notified by his commander that he
was being considered for elimination from the service under the provisions of 
AR 635-200, chapter 13, for unfitness.  He based his recommendation on the applicant’s frequent incidents of a discreditable nature with military authorities.

After consulting with counsel, the applicant waived his rights to a hearing before a board of officers and representation by counsel and elected not to submit a statement in his own behalf.  He also acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration if a discharge under other than
honorable conditions were issued.  

On 15 February 1974, the commander submitted his recommendation to separate the applicant under the provisions of AR 635-200, chapter 13, for unfitness.

The applicant underwent a mental evaluation on 22 February 1974 which determined that he could distinguish right from wrong and that he possessed sufficient mental capacity to participate in administrative or judicial proceedings.  

The applicant underwent a separation medical examination on 22 February 1974 and was found qualified for separation.
On 24 April 1974, the separation authority approved the recommendation for discharge and directed that he be furnished an Undesirable Discharge Certificate.  The applicant was discharged on 30 April 1974.  He had a total of 
1 year, 4 months, and 23 days of creditable service and had 36 days of lost time due to AWOL and 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 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under the chapter when, in the commander’s judgment, the member will not develop sufficiently to participate satisfactorily in further training and or become a satisfactory soldier.

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 was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and VA benefits.

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.

3.  The applicant declined counsel, waived his right to a hearing before a board of officers, and acknowledged that he understood the effects of an undesirable discharge.

4.  Based on the foregoing conclusions, the type of discharge directed and the reasons therefor were appropriate considering all of the facts of the case.

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	AR1999019330	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990318	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19740430	
DISCHARGE AUTHORITY	AR635-200,Chapter 13	
DISCHARGE REASON	Unfitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.