MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 December 1999
	DOCKET NUMBER:   AR1999024299

	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. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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 an honorable or at least a general discharge.

APPLICANT STATES:  In effect, that he was not given the proper psychiatric or drug counseling for his condition at the time.  He further states that he did not understand the consequences of an undesirable discharge at the time.  He goes on to state that he has been sober for a number of years now, that he regularly attends church, and is actively involved in his community.  In support of his application he submits six letters of support from officials in his community.  

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

The applicant enlisted in Ashland, Kentucky on 23 November 1960 for a period of 3 years.  He successfully completed his basic and advanced individual training at Fort Knox, Kentucky and was transferred to Fort Bragg, North Carolina for duty as an armor crewman.

On 10 October 1961 the applicant was transferred with his unit to Germany.  He was promoted to the pay grade of E-5 on 9 November 1962.  He was honorably discharged 19 December 1962 for the purpose of immediate reenlistment.  He reenlisted on 20 December 1962 for a period of 6 years.

He was convicted by a summary court-martial on 24 January 1963 of being AWOL from 13 January to 17 January 1963.  He was sentenced to a forfeiture of pay and restriction.

On 16 June 1963 nonjudicial punishment (NJP) was imposed against him for being absent without authority and being apprehended by the Military Police without a pass in his possession.  His punishment consisted of a reduction to the pay grade of E-4.

Nonjudicial punishment was imposed against the applicant on 5 October 1963 for failure to go to his place of duty.  His punishment consisted of a reduction to the pay grade of E-3.

On 9 October 1963 NJP was imposed against him for being AWOL from 8 October to 9 October 1963.  His punishment consisted of a reduction to the pay grade of E-2.  He was transferred to another company in the same battalion the following day.

Nonjudicial punishment was again imposed against him on 6 January 1964 for being absent from his place of duty.  His punishment consisted of a forfeiture of pay and restriction for 14 days.

On 8 January 1964 NJP was imposed against him again for being absent from his place of duty.  His punishment consisted of a reduction to the pay grade of   E-2 and restriction for 14 days.

He was convicted by a summary court-martial on 16 January 1964 of breaking restriction.  He was sentenced to a forfeiture of pay.

On 3 March 1964 he was convicted by a summary court-martial of being AWOL from 11 February to 17 February 1964.  He was sentenced to confinement at hard labor for 30 days and a forfeiture of $78.00 for 1 month.

The applicant was transferred with his unit back to Fort Bragg on 28 March 1964 and he was advanced to the pay grade of E-3 on 17 May 1964.

On 21 August 1964 he was convicted by a special court-martial of being AWOL from 1 August to 13 August 1964.  He was sentenced to confinement at hard labor for 6 months, a reduction to the pay grade of E-1, and a forfeiture of pay.

On 26 August 1964 the applicant’s commander initiated a recommendation to separate him 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, his failure to respond to numerous counseling sessions, poor appearance and attitude, and his contempt for authority figures. 

The applicant underwent a psychiatric evaluation and was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right, that he had no mentally disqualifying defects, that he was immature, hostile, and unable to accept authority figures.  The examining psychiatrist recommended that the applicant be discharged under the provisions of Army Regulation       635-208.

After being counseled and advised of the basis for the recommendation for separation, the applicant declined the opportunity to consult with counsel, to request a hearing before a board of officers, or to submit a statement in his own behalf.  He also acknowledged that he had been advised that he might receive an undesirable discharge and that as a result of such a discharge he might be deprived of many or all rights as a veteran under both Federal and State laws and that he might expect to encounter substantial prejudice in civilian life where the type of service rendered in any branch of the Armed Forces or the type of discharge received there-from may have a bearing.

On 18 September 1964, the appropriate authority (a major general) approved the recommendation for discharge and directed that the applicant be furnished an Undesirable Discharge Certificate.
Accordingly, he was discharged under other than honorable conditions on 29 September 1964 under the provisions of Army Regulation 635-208 for unfitness based on frequent involvement in incidents of a discreditable nature with military and/or civil authorities.  He had served 3 years, 8 months, and 6 days of total active service and had 61 days of lost time due to AWOL and confinement.

The supporting statements submitted by the applicant consist of a statement from a social worker which indicates that the applicant has been receiving treatment for clinical depression and anxiety, that he is in alcohol remission and has maintained a sober lifestyle since 1990 and is deserving of consideration for an upgrade of his discharge.  He also submits statements from the county sheriff, treasurer, his minister, a county clerk, and a commander of a service organization.  They all speak highly of his character, his support of the community, and his devotion to his family.

The applicant applied to the Army Discharge Review Board (ADRB) on 26 December 1979 for an upgrade of his discharge.  He cites as the basis for his request to that board at the time that he was young and immature at the time and did not care; but, that his is now older, married with children, more responsible, and that he deeply regretted his actions.  The ADRB noted that the applicant’s misconduct began after he had attained the pay grade of E-5 and voted to deny his application for upgrade of his discharge.

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 that render then unfit for military service.  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.  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.

4.  Careful consideration has been given to the applicant’s contentions and the documents submitted with his application in regards to his post-service conduct.  However, his record of undistinguished service and disciplinary record does not warrant further relief.

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

__hof____  __mw___  __dw____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024299	
SUFFIX		
RECON		
DATE BOARDED	1999/12/21	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1964/09/29	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	Unfit	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583 	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.