MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 December 1999
	DOCKET NUMBER:   AR1999024328

	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. Joseph A. Adriance		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:  In effect, that his undesirable discharge (UD) be upgraded to a general, under honorable conditions discharge (GD).

APPLICANT STATES:  In effect, that he had a lot of family problems with sickness and his wife not being able to take care of herself.  In addition, he was unable to adapt to military life given all his problems.

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

On 27 January 1966, the applicant entered the Regular Army for 3 years.  He successfully completed basic training at Fort Knox, Kentucky and advanced individual training (AIT) at Fort Leonard Wood, Missouri.  Upon completion of AIT he was awarded military occupational specialty 36C (Field Communication Lineman) and was assigned to Fort Gordon, Georgia for his first permanent duty station.

The highest rank he attained while on active duty was private/E-2, and the record documents no acts of valor, significant achievement, or service warranting special recognition.  The record does show an extensive disciplinary history on the applicant, which includes his acceptance of nonjudicial punishment, under the provisions of Article 15 of the UCMJ, on three separate occasions; and a conviction by special court-martial.  

On 19 July 1966, the applicant accepted NJP for being AWOL from 20 to 
27 June 1966.  His punishment for this offense included a reduction in rank to private/E-1.  On 6 August 1966, he again accepted NJP for failing to go to his prescribed place of duty; and on 20 August 1966, he accepted NJP for breaking restriction and for being AWOL from 18 to 19 August 1966.  On 8 November 1966, he was tried and convicted by special court-martial of being AWOL from 
2 to 9 September 1966, which resulted in a sentence of confinement at hard labor for 2 months.   

The specific facts and circumstances pertaining to the applicant’s separation processing are not on file.  However, the record does contain a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), signed by the applicant.  This document shows that he was discharged, under the provisions of Army Regulation 635-212, by reason of unfitness (frequent incidents of a discreditable nature with civil or military authorities).  The DD Form 214 also shows that he was discharged on 
23 January 1967, after completing 5 months and 13 days of credible active military service and having had accrued 144 days of time lost.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  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 Board noted the applicant’s contention that his misconduct was the result of his experiencing family problems based on illness and he and his wife’s failure to adapt to the military lifestyle.  However, the Board found these factors did not mitigate the applicant’s misconduct sufficiently to warrant relief.  

2.  The specific facts and circumstances pertaining to the applicant’s separation processing are not on file.  However, the Board noted that the record does contain a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process.  

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.  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	AR1999024326	
SUFFIX		
RECON		
DATE BOARDED	1999/12/21	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1967/01/23	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	Unfitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.