MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 April 2000
	DOCKET NUMBER:   AR2000034975

	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.

	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Kenneth L. Wright		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 undesirable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That he was railroaded out of the Army because he caught an officer black marketing and he was going to turn him in to the authorities.  He further states that before he caught the officer he had a perfect record.

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

On 6 May 1966, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  On 6 September 1966, he was promoted to the pay grade of E-2.   He completed 1 year and 4 days of total active service prior to being honorably discharged for the purpose of immediate reenlistment on 9 May 1967.

On 10 May 1967, he reenlisted in the Army for 3 years in the pay grade of E-3.

Nonjudicial punishment (NJP) was imposed against the applicant on 9 June 1967, for being absent from his place of duty and for being absent at bed check.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

On 22 June 1967, NJP was imposed against the applicant for being AWOL, violating curfew, breaking restriction and for being drunk and disorderly.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and restriction.

He was convicted by a special court-martial on 9 September 1967 of disobeying a lawful command, breaking restriction and of failure to go to his appointed place of duty.  His sentence consisted of confinement at hard labor and a forfeiture of pay.

On 26 April 1968, the applicant was convicted by a special court-martial of being AWOL from 11 March until 13 March 1968, from 20 March until 23 March 1968, from 1 April until 6 April 1968 from 8 April until 15 April 1968 and from 15 April until 17 April 1968.  His sentence consisted of confinement at hard labor, a reduction in pay grade and a forfeiture of pay.

On 19 November 1968, the applicant was notified that action to eliminate him from the Army had been initiated.  He acknowledged receipt of the notification and, after consulting with counsel, he waived his rights and opted not to have his case heard before a board of officers.

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 the applicant was discharged on 16 December 1968, under Army Regulation 
635-212, for unfitness.  He had completed 1 year, 6 months and 11 days of total active service and he had 330 days of lost time due to AWOL and confinement.  He was issued an Undesirable Discharge Certificate.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the 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.  An undesirable discharge 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 the absence of evidence to the contrary it must be presumed that the actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The character of his discharge is commensurate with his overall record of service.

3.  The applicant’s contentions have been noted by the Board.  However, they are not substantiated by the evidence of record.  He had a total of 330 days of lost time as a result of AWOL and confinement.  He had two  court-martial convictions and he had NJP imposed against him on two occasions as a result of his conduct while he was in the Army.  His undesirable discharge appears to be appropriate considering the nature of his offenses.

4.  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.

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

__klw ___  ___tap __  __eb____  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR2000034975	
SUFFIX		
RECON		
DATE BOARDED	2000/04/27	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1968/12/16	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100/A71.00	
2.  713	144.7110/A71.10	
3.		
4.		
5.		
6.