MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 January 2000                  
	DOCKET NUMBER:   AR1999025997

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller		Member	
	Mr. James M. Alward		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.

APPLICANT STATES:  That he has hepatitis C, he was infected with it around the time he was in the Army, and he needs the upgrade so he can get (VA) medical benefits.  He provides no evidence other than his DD Form 214.

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

He completed a Selective Service System Classification Questionnaire on         20 July 1964 and indicated he was a conscientious objector (CO).  On 1 June 1965, he advised his local board to disregard his application for CO status as he was getting married the following month.  He was inducted into the Army on       29 April 1966.  His 201 file (field personnel records) has no information pertaining to his religious preference.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

On 4 June 1966, while in basic combat training, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for leaving the company area without permission.

The applicant was placed on orders for assignment to Vietnam and on              17 September 1966 he was en route to Vietnam.

In December 1966, the applicant accepted NJP under Article 15, UCMJ for being absent without leave from 20 October – 25 November 1966.

On 22 March 1967, the applicant was convicted by a special court-martial of being AWOL for the periods 9 – 16 January 1967 and 24 January – 2 February 1967 and for failing to obey a lawful order.

On or about 1 May 1967, the applicant applied for CO status.  In his application he stated he was and always had been a Jehovah’s Witness opposed to military service.  His request was disapproved based upon his waiving of CO status at the time of his induction.

On 12 October 1967, the applicant was convicted by a special court-martial of being AWOL for the periods 21 – 28 August 1967 and 30 August – 6 September 1967.

On 2 November 1967, the applicant completed a separation physical examination and was found qualified for separation.  He was also psychiatrically evaluated.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right and to have the mental capacity to understand and participate in board proceedings.

On 1 December 1967, the commander, Special Processing Detachment, Fort Riley, KS initiated separation action under AR 635-212 for unfitness.  The applicant was advised of his rights by counsel.  He waived his right to consideration of his case by a board of officers; waived personal appearance before a board; elected not to make a statement on his behalf; and waived representation by counsel.

On 11 December 1967, the appropriate authority approved the recommendation and directed issuance of an undesirable, discharge UOTHC.

On 22 December 1967, the applicant was discharged, with a discharge UOTHC, in pay grade E-1, under the provisions of AR 635-212 for unfitness.  He had completed 11 months and 25 days of creditable active service and had 249 days of lost time.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  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.

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.  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.

2.  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.  The type of discharge given was and still is appropriate.

3.  The applicant should apply to the Department of Veterans Affairs for treatment as an exception to policy.

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

__ejo___  __jdm___  __jma___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025997	
SUFFIX		
RECON		
DATE BOARDED	20000105	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19671222	
DISCHARGE AUTHORITY	AR 635-212 	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.