MEMORANDUM OF CONSIDERATION

           IN THE CASE OF:  

	BOARD DATE:           24 February 2000
	DOCKET NUMBER:   AR1999026315

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		Member	
	Mr. Margaret V. Thompson		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 undesirable discharge be upgraded.

APPLICANT STATES:  He submits no evidence or statement to support his request.

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

He enlisted on 17 January 1969 and, after training, was assigned to Alaska.  After serving less than a month in Alaska, he was medically evacuated to the Continental United States for reasons unknown.  After medical treatment, the applicant was reassigned to Fort Leonard Wood, Missouri.  In April 1970, he was then reassigned overseas to Germany.

On 27 August 1970, the applicant was administered nonjudicial punishment under Article 15, UCMJ, for failure to obey a lawful regulation by having in his possession a straight razor.

On 27 October 1970, the applicant was tried by special court-martial and found guilty of disobeying a lawful order, and striking a commissioned officer with his fist.  He was sentenced to confinement at hard labor for 4 months, forfeiture of $50.00 per month for 4 months, and reduction in grade to private E-1.

On 22 March 1971, the applicant’s commander recommended he be discharged for unfitness under the provisions of Army Regulation 635-212.  The applicant consulted with counsel and waived consideration by a board of officers.  He acknowledged that he might expect to encounter substantial prejudice in civilian life if he was issued a discharge under other than honorable conditions, and that he may be ineligible for many or all benefits as a veteran under both federal and state laws.  He declined to submit a statement in his own behalf.

On 26 March 1971, the separation authority, a lieutenant general, approved the recommendation and directed the applicant be issued an Undesirable Discharge Certificate.

The applicant was discharged on 27 March 1971 at Fort Dix, New Jersey.  He had 1 year, 9 months and 28 days of creditable service and 133 days of time lost.

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.

On 8 July 1981, the Army Discharge Review Board denied the applicant’s request for upgrade of his discharge.

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 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 directed and the reasons therefor were appropriate considering all the facts of the case.

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

__cla___  __jph____  ___mvt___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026315	
SUFFIX		
RECON		
DATE BOARDED	20000224	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710327	
DISCHARGE AUTHORITY	AR635-212	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.