MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 March 2000
	DOCKET NUMBER:   AR1999025247

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. Elzey J. Arledge Jr.		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 the undesirable discharge of her deceased spouse, hereinafter referred to as the former service member (FSM), be upgraded to honorable, and that he be awarded the Purple Heart

APPLICANT STATES:  That she is asking for her husband’s discharge to be upgraded not only for her to be entitled to any benefits, but also to clear his name.  She attributes her husband’s actions to his father’s illness, but he was otherwise not a bad person.  She also thought that her husband’s discharge was changed years ago.  In support of her request, she submits a copy of her husband’s discharge certificate and a Board of Veterans Appeals Findings and Decision, dated 22 April 1976.

EVIDENCE OF RECORD:  The FSM’s military records show:

He enlisted on 4 December 1964 and, after training, was assigned to Fort Benning, Georgia.  Shortly thereafter, he deployed with his unit overseas to Vietnam.  After completion of his tour in Vietnam, he was reassigned to Fort Campbell, Kentucky.

On 5 April 1965, while undergoing advanced individual training, the FSM was administered nonjudicial punishment (NJP) under Article 15, UCMJ, for failure to report to his appointed place of duty.

On 24 December 1965, after his arrival in Vietnam, the FSM was promoted to the rank of specialist 4 (E-4).

On 2 May 1966, general orders 1325 were issued by Headquarters, 1st Cavalry Division, awarding the FSM the Purple Heart for wounds received in connection with military operations against a hostile force on 25 April 1966.

On 31 January 1967, while stationed at Fort Campbell, the FSM was administered NJP for failure to report to his appointed place of duty.  His punishment included reduction in rank to private first class (E-3).

On 9 March 1967, the FSM was tried by special court-martial and found guilty of AWOL from 12 February to 27 February 1967, and breaking restriction.  He was sentenced to confinement at hard labor for 5 months (suspended for 5 months), hard labor without confinement for 1 month, forfeiture of $86.00 per month for 
3 months, and reduction in grade to private E-1.

On 24 April 1967, the FSM was administered NJP for AWOL from 22 April to 
24 April 1967.

On 1 June 1967, the FSM was tried by special court-martial and found guilty of AWOL from 1 May to 9 May 1967, and breaking restriction.  He was sentenced to confinement at hard labor for 6 months and forfeiture of $86.00 per month for 
6 months.

On 15 September 1967, the FSM was tried by special court-martial and found guilty of AWOL from 10 July 1967 to 5 September 1967.  He was sentenced to confinement at hard labor for 6 months and forfeiture of $86.00 per month for 
6 months.

The facts and circumstances pertaining to the FSM’s discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that he was discharged on 3 January 1968 for unfitness under the provisions of Army Regulation 635-212, and was issued an Undesirable Discharge Certificate.  He had 2 years, 5 months and 15 days of creditable service and 226 days of time lost.  The DD Form 214 also has the Purple Heart entered as an authorized award or decoration.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel.  The regulation provided, in pertinent part, that an individual was subject to separation for unfitness because of frequent incidents of a discreditable nature with civil or military authorities.  When separation for unfitness was warranted, an undesirable discharge was normally considered appropriate.

There is no evidence that the FSM, or his spouse, 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, it is concluded:

1.  The FSM’s record is void of facts and circumstances concerning the administrative process that led to his discharge from the Army.  The Board noted that his record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process.

2.  The FSM was awarded the Purple Heart for his service in Vietnam, and it was properly reflected on his DD Form 214 at the time of his discharge.

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

__rvo___  ___eja___  __ewl___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025247	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19680103	
DISCHARGE AUTHORITY	AR635-212	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.