MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 February 2000                   
	DOCKET NUMBER:   AR1999026786

	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. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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:  In effect, that his discharge under other than honorable conditions be upgraded.

APPLICANT STATES:  No contentions were submitted.

COUNSEL CONTENDS:  In effect, that mitigating factors clouded his judgement.  He was overwhelmed with responsibilities that weighed far too heavy on his level of maturity.  He was married at the age of 15 and became a father at 
16.  He enlisted at the age of 17 by writing his own parental consent.  The applicant’s counsel further states, that the applicant was held back in basic training and had numerous incidents of AWOL finally culminating in an arrest.

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

He was born on 19 January 1950.  On 10 April 1967, the applicant enlisted in the Regular Army for 3 years with no prior service at the age of 17.

On 20 December 1967, the applicant was convicted by a summary court-martial of four specifications for being absent without leave (AWOL) from 13 to 26 June 1967, from 27 June to 24 August 1967, from 31 August to 16 November 1967, and for breaking restriction.  He was sentenced to confinement at hard labor (CHL) for 30 days and a forfeiture of $30.00 pay (CHL suspended for 30 days).

On 13 February 1968, the applicant was convicted by a summary court-martial of being AWOL from 15 to 30 January 1968.  He was sentenced to a forfeiture of $40.00 pay and restricted to the limits of the Special Processing Detachment, Fort Dix, NJ for 30 days (restriction suspended).

While in a holding status the applicant was reported for being AWOL on 8 August 1968.  On 12 August 1968, the applicant was arrested by civil authorities and charged with robbery, first degree, grand larceny, third degree, assault, first degree, attempted assault, first degree and possession of a weapon as a felony. The applicant was convicted by civil court of robbery in the third degree and was sentenced to 4 years confinement.

On 4 December 1970, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-206 for being convicted by a civil court.

The applicant waived consideration of his case by a board of officers, waived personal appearance before such a board, waived representation by counsel, and elected not to submit a statement in his own behalf.

On 12 July 1971, the appropriate authority approved the recommendation and directed the issuance of an Undesirable Discharge Certificate.
On 27 July 1971, the applicant was discharged in pay grade E-1, under the provisions Army Regulation 635-206 for civil conviction with a discharge under other than honorable conditions.  He completed 1 year, 1 month and 10 days of creditable active service and he had 1070 days of lost time.

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct (fraudulent entry, conviction by civil court, and absence without leave or desertion).  The regulation provided, in pertinent part, for the elimination of enlisted personnel for misconduct when they were initially convicted by civil authorities, or action taken against them which is tantamount to a finding of guilty, or an offense for which the maximum penalty under the Uniform Code of Military Justice is death or confinement in excess of 1 year.

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 is still appropriate considering the reason for his civil conviction and his disciplinary record during that period of service.

3.  The Board is cognizant of the fact that the applicant was 17 years old when he enlisted but that factor does not warrant upgrading his discharge.

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

__fe____  __kak___  __ra____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026786	
SUFFIX		
RECON		
DATE BOARDED	20000215	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710727	
DISCHARGE AUTHORITY	AR635-206 .  .  .  .  .  	
DISCHARGE REASON	A61.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.6100	
2.		
3.		
4.		
5.		
6.