MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 December 1999                   
	DOCKET NUMBER:   AR1999028423

	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. Loren G. Harrell		Director	
	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Elzey J. Arledge, Jr.		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 be upgraded.

APPLICANT STATES:  None.

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

He enlisted in the Regular Army on 3 November 1969, at the age of seventeen  (17) for a term of three years and had no prior service.

On 19 August 1970, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice (NJP) for disobeying a lawful order on 14 August 1970.  His imposed punishment was a forfeiture of $30.00 for one month,
14 days restriction and 14 days extra duty.

On 9 November 1970, the applicant was convicted by a special court-martial for stealing a speedometer from a motorcycle.  He was sentenced to confinement at hard labor for 20 days (suspended for 60 days) and a forfeiture of $50.00 per month for two months.

On 21 June 1971 the applicant accepted NJP for being absent without leave (AWOL) from 28 to 30 April 1971 and for failing to obey a lawful order.  His imposed punishment was a forfeiture of $94.00 per month for one month and reduction to the pay grade E-3.

On 17 August 1971, the applicant accepted NJP for sleeping on guard while in a hostile fire zone.  His imposed punishment was a forfeiture of $35.00 per month for one month, reduction to pay grade E-2 and 10 days restriction.  Reduction and restriction suspended for a period of thirty days.

On 2 September 1971, the applicant accepted NJP for sleeping on guard while in a hostile fire zone.  His imposed punishment was a forfeiture of $35.00 per month for one month and reduction to pay grade E-1.

On 20 September 1971, the applicant accepted NJP for sleeping on guard while in a hostile fire zone.  His imposed punishment was a forfeiture of $75.00 per month for two months.

On 21 September 1971, the applicant completed a psychiatric evaluation.  He was found to be mentally able to distinguish right from wrong and to adhere to right, and posses sufficient mental capacity to act in his own behalf in administrative procedures.

On 27 September 1971, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-212 for unfitness.

On 27 September 1971, the applicant was advised of his rights by counsel.  He waived his right to consideration of his case by a board of officer; waived personal appearance before a board; elected not to make a statement on his behalf; and waived representation by counsel.

On 6 October 1971, the appropriate authority approved the recommendation and directed the discharge under the provisions of Army Regulations 635-212, for habits and traits of character manifested by repeated commission of petty offenses, habitual shirking and the issuance of an Undesirable Discharge Certificate.

On 14 October 1971, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-212, for unfitness with a under other than honorable conditions (UOTHC).  He completed 1 year, 11 months and 12 days of creditable active service.

Army Regulation 635-212, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Paragraph 6a(1) of 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.
A discharge UOTHC was normally considered appropriate.

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 Board notes the applicant was 18 years old at the time of his first Article 15.  Considering his record of disciplinary actions, the
characterization of his discharge as under other than honorable conditions was appropriate.

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

__mkp___  __aao___  __eja___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028423	
SUFFIX		
RECON		
DATE BOARDED	19991201	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19711014	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.5100	
2.		
3.		
4.		
5.		
6.