MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            4 November 1999                
	DOCKET NUMBER:   AR1999024660

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Hubert O. Fry, 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 general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).

APPLICANT STATES:  In effect, that he was not aware of the deep regrets he would suffer when he accepted his discharge.

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

On 6 September 1960 he was inducted into the Army of the United States for a period of 2 years.  He successfully completed basic combat training at Fort Dix, New Jersey and advanced individual training (AIT) at Fort Sam Houston, Texas.  Upon completion of AIT he was awarded military occupational specialty (MOS) 910.00 (Medical Corpsman), and assigned to Fort Meade, Maryland. 

The record shows that the applicant was on Temporary Duty (TDY) to Camp Picket, Virginia from 25 May–31 August 1961.  He returned to duty at Fort Meade, Maryland on 1 September 1961.

The applicant’s record documents that the highest permanent rank he held on active duty was private/E-2 and that the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 19 June 1961 he went AWOL and remained absent until 26 June 1961.  On 11 July 1961 he was convicted by summary court-martial (SCM) for violation of the UCMJ, Article 86.  He was sentenced to perform hard labor without confinement for 45 days, forfeiture of $55 for 1 month, and reduction to the grade of Private (E-2).

On 25 September 1961 he went AWOL and remained absent until 4 January 1962.  He was convicted by special court-martial (SPCM) on 15 March 1962 for violation of UCMJ, Article 86, and sentenced to confinement at hard labor for 3 months, forfeiture of $30 per month for 3 months, and reduction to Private (E-1).  

The record shows that he was in military confinement from 12-13 May 1962, and from 14 May-6 July 1962.

On 20 June 1962 his unit commander recommended that the applicant be separated from the Army under the provisions of AR 635-209 by reason of unsuitability.  On undated the applicant acknowledged notification of the discharge action, waived legal counsel and appearance before a board of officers, and did not submit a statement on his behalf.  On 2 July 1962 the appropriate authority approved his discharge and ordered him separated upon completion of his confinement.  Accordingly, on 12 July 1962 the applicant was discharged under the provisions of AR 635-209 with a GD.

Army Regulation 635-209, then in effect, provided in pertinent part the policies, procedures, and guidance for the prompt elimination of enlisted personnel who were determined to be unsuitable for further military service.  Individuals discharged under that regulation could be issued a GD or an HD.

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

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that the applicant’s service mitigated his misconduct.  The Board was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.
  
2.  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.

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

___eb___  ___aao__  __hof____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024660	
SUFFIX		
RECON		
DATE BOARDED	19991104	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19620712	
DISCHARGE AUTHORITY	AR 635-209 	
DISCHARGE REASON	4000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 9217		
2. 0100		
3. 		
4.		
5.		
6.