MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 November 1999                   
	DOCKET NUMBER:   AR1999028595

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Lester Echols		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 discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge under honorable conditions.

APPLICANT STATES:  That his first sergeant harassed him by singling him out for humiliation in front of members of his detachment.  His girl friend influenced him to leave post without permission.  Because of the stress of Army life and his youth he made bad decisions.  He provides character references and his DD Form 214 as supporting evidence.

COUNSEL CONTENDS:  That based on the provided character references, clemency should be considered as a basis for granting relief.

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

He was born on 16 August 1944.  He enlisted in the Regular Army on 28 August 1961.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 310.00 (Field Communications Crewman).  He was assigned to three different units at Fort Benning, GA for varying periods in the positions of radio mechanic, communications crewman, heavy vehicle driver or wireman.

On 10 July 1962, the applicant was convicted by a summary court-martial of being absent without leave from 30 June – 6 July 1962.  He was sentenced to perform hard labor for 4 days and to forfeit $50.00 pay.

On 30 March 1964, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for failing to go to his appointed place of duty.  

On 9 April 1964, the applicant accepted NJP under Article 15, UCMJ for disobeying a lawful order.

On 8 July 1964, the applicant was convicted by a special court-martial of failing to register his automobile before operating it on a military reservation; stealing government property of a value of about $82.84; carrying a concealed weapon; and breaking restriction.  He was sentenced to be reduced to pay grade E-1, to be confined at hard labor for 6 months and to forfeit $52.00 pay for 6 months.  

On 10 July 1964, the applicant was evaluated by the Mental Hygiene Consultation Service.  No psychiatric disease was apparent at that time.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right and to have the mental capacity to understand and participate in board proceedings.

On 23 July 1964, the applicant completed a separation physical and was found qualified for separation.

On 5 August 1964, the applicant’s commander recommended he be separated under the provisions of Army Regulation 635-208 for unfitness, frequent incidents of a discreditable nature with military authorities.  The commander noted the applicant had been transferred to his unit as a rehabilitation measure and had had a number of different jobs under several different non-commissioned officers and officers and had been a detriment in every job.

On 5 August 1964, 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.

On 8 September 1964, the appropriate authority approved the recommendation and directed the applicant receive an undesirable, UOTHC discharge.

On 23 September 1964, 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 2 years, 9 months and 10 days of creditable active service and had 108 days of lost time. 

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.

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.

3.  The Board notes the applicant’s young age at the time of his enlistment but also notes that he was almost 20 or over 20 years old at the time of his Article 15s and his special court-martial.  He was assigned to three different units while at Fort Benning, GA and so the Board concludes it was unlikely it was one first sergeant who was involved in all his disciplinary problems.  

4.  The Board has taken cognizance of the applicant’s good post-service conduct but this factor does not warrant the relief requested.

5.  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

__rvo___  __rgh___  ___le___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028595	
SUFFIX		
RECON		
DATE BOARDED	19991124	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19640923	
DISCHARGE AUTHORITY	AR 635-208 	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.