MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           2 February 2000   
	DOCKET NUMBER:   AR1999025466

	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.

	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 conditions (HD).

APPLICANT STATES: In effect, that he was not responsible for his actions at the time of his discharge due to his mental disorder; that he did not receive any psychiatric help; and, that his treatment records for his mental condition may be obtained from Wittfield Miss (sic) State Hospital.  

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

On 8 January 1974 he enlisted in the Regular Army (RA) for a period of 3 years unassigned.  He was assigned to Fort Polk, Louisiana, for basic combat training and to Fort Gordon, Georgia, for advanced individual training (AIT) in military occupational specialty (MOS) 05F (Radio Teletypewriter Operator).  Upon completion of training he was assigned to Fort Hood, Texas.

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

On 12 September 1974 he accepted nonjudicial punishment  (NJP) under the provisions of Article 15, UCMJ, for sleeping on his post.  His punishment imposed consisted of reduction to private/E-1 (suspended for 60 days), forfeiture of $50 (suspended for 60 days), and 7 days restriction and extra duty.

On 11 November 1974 he accepted NJP for violating a lawful general order.  His punishment imposed consisted of reduction to private/E-1 (suspended for 60 days), forfeiture of $76, and 14 days restriction and extra duty.

On 25 February 1975 he accepted NJP for assaulting a senior noncommissioned officer.  His punishment imposed consisted of reduction to private/E-1, forfeiture of $100 per month for two months (suspended for 90 days), and 30 days restriction and extra duty.

On 30 April 1975 he was convicted by a special court-martial for violation of the UCMJ, for stealing a wallet.  He was sentenced to confinement at hard labor for 4 months and forfeiture of $329 per month for four months. 

On 18 August 1975 the sentence of confinement at hard labor was deferred and he was reassigned to the U.S. Army Retraining Brigade, Fort Riley, Kansas, from 18 August 1975 to 5 November 1975.  He was programmed for return to duty after confinement, and was reassigned to Fort Sill, Oklahoma on 18 November 1975.

On 30 December 1975 he accepted NJP for committing an assault upon another soldier and for assaulting a commissioned officer.  His punishment imposed consisted of forfeiture of $90 and 14 days extra duty. 

On 3 November 1976 he accepted NJP for disrespectful language towards a noncommissioned officer.  His punishment imposed consisted of reduction to private/E-1, forfeiture of $81, and 14 days extra duty.

On 5 November 1976 the unit commander notified the applicant that he was imposing a bar to reenlistment based on the applicant’s special court-martial and numerous NJP actions.  The bar to reenlistment was finalized on 5 November 1976.

On 17 November 1976 the unit commander notified the applicant of his intention to separate the applicant under the provisions of Chapter 13, AR 635-200, by reason of misconduct.  On 22 November 1976 a mental status evaluation was conducted in conjunction with his impending separation.  The examiner indicated that the applicant was mildly despondent, and cleared him for any administrative action deemed necessary.

On 17 November 1976 a board of officers were designated to hear the applicant’s case, however, the record is void of the final board findings and conclusions.

On 23 December 1976 the applicant departed AWOL.  He returned to military control on 28 December 1976.  He accepted NJP on 29 December 1976 for AWOL.  His punishment imposed consisted of forfeiture of 7 days pay ($87), and 14 days restriction and extra duty.

On 15 January 1977 he accepted NJP for disrespect towards a commissioned officer, assaulting a superior noncommissioned officer, and striking another soldier.  His punishment imposed consisted of forfeiture of $87, and 14 days restriction and extra duty. 

On 25 February 1977 the applicant was separated from the Army under other than honorable conditions for misconduct.  He was credited with 2 years, 10 months, and 18 days of active military service, and 90 days lost time.

AR 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 13-5a(1) and (4) of the regulation provided, in pertinent part, for the separation of enlisted personnel for unfitness.  Individuals separated by reason of unfitness were normally furnished with an Undesirable Discharge Certificate. 

There is no evidence that the applicant applied to the Army Discharge Review Board for an 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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant’s overall record of military service.

2.  There are no service medical records available that indicate that the applicant was treated for a psychiatric condition while in military service.  The applicant has not submitted any probative medical evidence to establish a nexus between the applicant’s current mental condition and his mental status while in military service.

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

__cmf___  ___jea___  __le____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025466	
SUFFIX		
RECON	NO	
DATE BOARDED	20000202	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19770225	
DISCHARGE AUTHORITY	AR 635-200 C13	
DISCHARGE REASON	5000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.9321		
2.0100		
3.		
4.		
5.		
6.