MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  8 August 2000
	DOCKET NUMBER:  AR2000035362

	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. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		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 be upgraded to honorable.

APPLICANT STATES:  That he was separated at 19 years of age and was guilty of bad judgment.  He has had a clean record since discharge and is now suffering from cancer.  He submits no documentation in support of his application.

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

He was inducted and entered active duty on 3 June 1964, at over 18 years of age. After completion of training in field artillery he was assigned to Alaska.  He was promoted to pay grade E-3 effective 3 February 1965.

He was punished under Article 15, UCMJ on 6 April and 16 June 1965 for absence from his place of duty, AWOL, and breaking restriction.  On 19 July 1965, he was convicted by a special court-martial of three specifications of breaking correctional custody restraint.  The applicant was again punished under Article 15, UCMJ, on 21 December 1965, for absence from his place of duty.

The applicant was again convicted by a special court-martial on 14 January 1966, for 3 days AWOL.  On 16 March 1966 the applicant was convicted by a special court-martial of 4 days AWOL.

At a psychiatric evaluation on 18 April 1966, the applicant was found to be free of mental defect, disease, or derangement.  He was mentally responsible and was able to distinguish right from wrong and to adhere to the right.  He was emotionally immature with a passive-aggressive personality, severe.  He was recommended for separation for unfitness.

On 28 April 1966 the unit commander recommended the applicant be separated for unfitness with an undesirable discharge.  He cited the applicant’s record of punishments and frequent incidents of a discreditable nature with military authorities.  After consulting with counsel, the applicant waived his rights to a hearing by a board of officers and to submit statements in his own behalf.

On 15 June 1966 the separation authority approved the request and directed issuance of an undesirable discharge.  On 29 June 1966 the applicant was discharged at over 20 years of age under the authority of Army Regulation 
635-208 under conditions other than honorable.  He had 1 year, 5 months and 12 days creditable service and 226 days lost time from AWOL and confinement.

There is no evidence of record that the applicant applied to the Army discharge Review Board for an upgrade of his discharge within the 15 year time-limit.

Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness.  Separation action was to be taken when the commander determined that the best interest of the service would be served by eliminating the individual concerned and reasonable attempts to rehabilitate or develop the individual to be a satisfactory soldier were unlikely to succeed.  Unfitness included frequent incidents of a discreditable nature with military or civil authorities and an established pattern of shirking.  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.  The applicant declined counsel, waived his right to a hearing before a board of officers, and declined to submit statements in his own behalf.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

2.  The applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.  The Board notes that the applicant was over 19 years of age at the time of his first AWOL.  While the Board is also empathetic to the applicant's personal problems and alleged post service conduct, they are not sufficiently mitigating to warrant an upgrade of his discharge.

3.  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 this requirement.

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

___sk___  __ja_____  ___rb____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035362	
SUFFIX		
RECON		
DATE BOARDED	20000808	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19660629	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.