MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 October 1999                   
	DOCKET NUMBER:   AR1999021681

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Roger W. Able		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 discharge under other than honorable conditions (UOTHC) be upgraded to honorable.

APPLICANT STATES:  That Captain ______ made the statement “You will not receive a good discharge from me.”  That was a biased statement and an abuse of authority.  The applicant provides no supporting evidence.

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

He enlisted in the Regular Army on 23 May 1963.  

On 24 October 1963, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for being absent without leave from 22 – 24 October 1963.  

On 28 November 1963, the applicant accepted NJP under Article 15, UCMJ for being drunk in a public place.

On 23 December 1963, the applicant was convicted by a summary court-martial of making a threat to do bodily harm, failing to sign in at his appointed place of duty, failing to report to his appointed place of duty, having in his possession a quart bottle of beer in the barracks, and twice failing to go to his appointed place of duty.  He was sentenced to hard labor without confinement for 1 month and to forfeit $55.00.

On 9 December 1963, the applicant received a psychiatric evaluation.  He was found to be able to distinguish right from wrong and to adhere to the right and to be mentally capable of understanding and participating in board proceedings.  It was recommended he be administratively separated.

The applicant’s commander recommended he be separated under the provisions of Army Regulation 635-208 for unfitness.  (His commander was a second lieutenant, not a captain.  Captain ______’s name does not appear in any of the separation documents.)

On 7 January 1964, the applicant waived his right to counsel, waived his right to appear before a board of officers and elected not to submit a statement in his own behalf.

On 28 January 1964, the appropriate authority approved the recommendation  and directed the applicant receive an Undesirable  Discharge Certificate.

On 5 February 1964, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness, with an undesirable discharge.  He had completed 7 months and 28 days of creditable active service and had 16 days of lost time. 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following:  frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.

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.  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.

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.  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

__aao___  __vbc___  __rwa___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021681	
SUFFIX		
RECON		
DATE BOARDED	19991006	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19640205	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.