PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 December 1999                   
	DOCKET NUMBER:   AR1999026445

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James P. Huber		Member	
	Mr. Arthur A. Omartian		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his discharge be upgraded.

3.  The applicant states that three times someone, the same man, tried to break into his quarters when his wife was there while he was on duty. The next time he had duty he stayed home hoping to catch the man but he did not show.  He was given a court-martial and discharged, which at the time was what he wanted so he could take his family to a safe environment.  Recently his wife told him the man who tried to break into their home was one of the officers at the base.  She did not tell him earlier because she was afraid of what he might do.  The applicant provides no supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 27 September 1955.  He had had 3 days of AWOL (absent without leave) but was allowed to reenlist on 31 March 1959.

5.  The applicant was assigned to Hawaii on 29 May 1959.  

6.  Between 22 October 1959 and 28 December 1959, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice on six occasions for being absent from his place of duty; failing to obey a regulation by swimming at an off-limits beach; absent from the company; absent from pay call formation; absent from kitchen police; and absent from hard labor detail.

7.  On 5 November 1959, the applicant was convicted by a summary court-martial of failing to report to his place of duty.  He was sentenced to be reduced to Private First Class and to be restricted to the company area for 15 days.

8.  On 23 January 1960, the applicant was convicted by a special court-martial of being AWOL from 9 – 15 January 1960.  He was sentenced to forfeit $45.00 pay and to be reduced to Private, E-1.

9.  On 1 February 1960, the applicant was convicted by a summary court-martial of being AWOL from 28 – 29 January 1960.  He was sentenced to confinement at hard labor for 30 days.

10.  On 2 March 1960, the applicant received a psychiatric evaluation.  No psychosis, neurosis, or organic brain disease was found.  His behavior was determined to be not due to emotional problems of a neurotic nature but rather the result of deeply ingrained defects in the development of his personality, attitudes, and traits of character.  He was found to be able to distinguish right from wrong and to refrain from the wrong and to have sufficient mental capacity to understand and participate in board proceedings.

11.  On 15 March 1960, the applicant’s commander recommended he be separated under the provisions of Army Regulation 635-208 for unfitness and cited his chronic AWOL.

12.  On 16 March 1960, the applicant was convicted by a summary court-martial of being AWOL from 11 – 12 March 1960.  He was sentenced to confinement at hard labor for 30 days and to forfeit $25.00 pay.

13.  After consulting with counsel, the applicant waived his right to appear before a board of officers and elected not to submit a statement in his own behalf.

14.  On 25 March 1960, the appropriate authority approved the recommendation and directed the applicant receive an Undesirable Discharge Certificate.

15.  On 6 April 1960, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness, with an undesirable discharge.  He had completed 10 months and 12 days of creditable active service for that enlistment and had 57 days of lost time (10 days AWOL and 47 days confinement).  His DD Form 214 erroneously shows his entire period of service in block 24a.

16.  Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following:  frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.

CONCLUSIONS:

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.  He had an opportunity to have his case heard by a board of officers where he could have presented evidence in extenuation or mitigation and he waived that right.

3.  The Board does note that the applicant’s DD Form 214 for the period ending  6 April 1960 contains errors that make it appear his entire military service was under other than honorable conditions.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214 for the period ending 6 April 1960 be corrected by changing block 19a to show “reenlisted,” block 19c to read            31 March 1959, block 24a(1) to read 0 10 12, and block 24a(2) to read 3 6 1.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rvo___  __jph___  __aao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026445	
SUFFIX		
RECON		
DATE BOARDED	19991208	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19600406	
DISCHARGE AUTHORITY	AR 635-208 	
DISCHARGE REASON	A51.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	144.5000	
2.		
3.		
4.		
5.		
6.