MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 April 2000
	DOCKET NUMBER:   AR1999027904

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. James E. Anderholm		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 to general under honorable conditions.

APPLICANT STATES:  That although he made it known at his enlistment that he was being given no choice but to enlist by the courts, and that he had previously undergone extensive in-house psychiatric care at the Columbus State Hospital, the recruiter told him this was no problem.  He had a lot of trouble and could not adjust (he was only 17), but he was given no psychiatric care.  He was discharged due to this, and has suffered greatly ever since.  He informs the Board of his incarceration and scheduled release in late 1999.

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

He enlisted on 27 September 1968 at the age of 17.  There is no evidence that the applicant was forced to enlist by the courts, nor that he had previously undergone psychiatric care at any hospital.  A review of his enlistment documents shows that he appeared in juvenile court in May 1968 for school truancy, and was given a warning.

The applicant failed to complete basic combat training due to AWOL and incarceration.

On 31 October 1968, the applicant was tried by special court-martial and found guilty of three specifications of AWOL:  from 13 October to 16 October 1968, from 17 October to 18 October 1968, and from 18 October to 19 October 1968.  He was sentenced to confinement at hard labor for 6 months and forfeiture of $68.00 per month for 6 months.

On 12 November 1968, the applicant was administered nonjudicial punishment under Article 15, UCMJ, for willfully destroying government property by breaking a window at the US Army Hospital, Fort Gordon, Georgia.

The facts and circumstances pertaining to the applicant’s discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that he was discharged on 19 December 1968 for unfitness under the provisions of Army Regulation 635-212 and was issued an Undesirable Discharge Certificate.  He had 21 days of creditable service and 63 days of time lost.

Army Regulation 635-212, then in effect, set forth the policy and procedures for the administrative separation of enlisted personnel.  It provided, in pertinent part, for the discharge due to unsuitability of those individuals with character and behavior disorders and disorders of intelligence as determined by medical authority.  When separation for unsuitability was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individual’s entire record.
There is no evidence that the applicant applied to the Army Discharge Review Board for 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.  In the absence of facts and circumstances, the Board presumes administrative regularity in the processing of the applicant’s discharge.  There is nothing in the available records or in anything submitted by the applicant to overcome that presumption.  It would appear that his administrative separation was accomplished in compliance with applicable regulations, with no indication of procedural errors that would tend to jeopardize his rights.

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

__jns___  __emw___  __jea____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027904	
SUFFIX		
RECON		
DATE BOARDED	20000406	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19681219	
DISCHARGE AUTHORITY	AR635-212	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.