MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 February 2000                   
	DOCKET NUMBER:   AR2000035575

	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.

	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Meta Waller		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 under honorable conditions (GD) be upgraded to honorable (HD).

APPLICANT STATES:  He makes no contentions.

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

He was born on 15 October 1952.  He completed 11 years of formal education.
On 15 October 1969, the applicant enlisted in the Regular Army for 2 years with no prior active service.

On 19 October 1970, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for willfully disobeying a lawful order twice.  His imposed punishment was a forfeiture of 7 days pay ($32.27) for 1 month and 14 days restriction.

On 19 February 1971, the applicant accepted NJP for disobeying a lawful order, for failing to participate in the Battalion ski events and for failing to report as directed.  His imposed punishment was 14 days restriction, 14 days extra duty and a reduction to pay grade E-3 (suspended for 90 days).

On 1 March 1971, the applicant accepted NJP for three occasions of failing to repair.  His imposed punishment was 20 days extra duty and reduction to pay grade E-2.

On 9 March 1971, the applicant accepted NJP for failing to report for extra duty.
His imposed punishment was reduction to pay grade E-1 and a forfeiture of $35.00 pay.

On 9 March 1971, a psychiatric evaluation diagnosed the applicant as having an immature personality, largely a function of his early life experiences.  He did not have any mental defect, disease or derangement and had the mental capacity to understand the nature and probable consequences of his acts.  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 15 March 1971, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-212 for unsuitability.  The commander’s recommendation was based on the applicant’s inability to satisfactorily adjust to military environment.  The applicant was advised of his rights by counsel.  He waived his rights for consideration of his case by a board of officers, waived personal appearance before a board of officers, elected not to make a statement on his behalf, and waived representation by counsel.

On 29 March 1971, the appropriate authority approved the recommendation, waived further rehabilitation requirements and directed the issuance of a General Discharge Certificate under the provisions of Army Regulation 635-212, for unsuitability.

On 3 April 1971, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-212, for unsuitability with a general discharge.  He had completed 1 year, 5 months and 18 days of creditable active service.

Army Regulation 635-212, in effect at the time set forth the basic authority for separation of enlisted personnel.  That regulation provided in pertinent part, that commanders would separate a member when, in the commander’s judgement, it was clearly established that the member would not develop sufficiently to become a satisfactory soldier.  When separation for unsuitability a general or an honorable 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 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 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.

3.  Therefore the type of discharge directed and the reasons were appropriate considering all the facts of the case.

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

__aao___  __clg___  __mw____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000035575	
SUFFIX		
RECON		
DATE BOARDED	20000216	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19710403	
DISCHARGE AUTHORITY	AR635-212 .  .  .  .  .  	
DISCHARGE REASON	A40.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.4000	
2.		
3.		
4.		
5.		
6.