MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 May 2000                            
	DOCKET NUMBER:   AR2000035593

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		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:  In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge. 

APPLICANT STATES:  In effect, that the Red Cross used false information to bring him back to the United States; that a girl informed the Red Cross that she was pregnant by the applicant; that extenuating circumstances proved the situation to be incorrect; that he went absent without leave (AWOL) and that he surrendered to military authorities in October 1965.    

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

On 17 June 1963, the applicant with parental consent granted and a moral waiver approved, enlisted in the Regular Army for a period of 3 years.  His military occupational specialty was 13A10 (Field Artillery Basic).  The highest grade he achieved was pay grade E-3.

On 23 July 1963, the applicant accepted nonjudicial punishment (NJP), under Article 15, Uniform Code of Military Justice (UCMJ), for the wrongful use of provoking and reproachful words and for sleeping while on guard duty.  His imposed punishment was a forfeiture of $18.00 pay and 14 days extra duty.

On 31 March 1964, the applicant was convicted by a special court-martial (SPCM) of being AWOL from 12 January to 4 February 1964.  He was sentenced to confinement at hard labor for 6 months (suspended for 5 months) and a forfeiture of $55.00 pay per month for 5 months.

On 24 August 1964, the applicant accepted an NJP, under Article 15, UCMJ, for assaulting a Korean Nationalist.  His imposed punishment was14 days restriction and extra duty.

The applicant’s military record indicates that in December 1964, the applicant went on emergency leave, however, the particulars surrounding the incident are
missing from his record.

On 17 August 1965, the applicant was convicted by a SPCM of being AWOL from 31 December 1964 to 18 January 1965 and from 1 February to 18 July 1965.  He was sentenced to confinement at hard labor for 5 months, a forfeiture of $50.00 pay per month for 6 months and a reduction to pay grade E-1.

On 25 August 1965, a mental and a physical status evaluation found the applicant qualified for separation.  He was considered mentally and physically competent to participate in board proceedings.

On 9 September 1965, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-208, for unfitness, (frequent incidents of a discreditable nature with military or civilian authorities).  The applicant was advised by legal counsel of the basis for the contemplated separation action and the rights available to him.  The applicant waived personal appearance, consideration, and representation by counsel before a board of officers.  He was afforded the opportunity to submit statements in his own behalf, but declined to do so.  

On 27 September 1965, the Commanding General approved the recommendation and directed the issuance of a discharge UOTHC.  On 
8 October 1965, the applicant was discharged in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness with a discharge UOTHC.  He had completed 1 year, 5 months and 14 days of creditable active service and 302 days of lost time. 

Army Regulation 635-208, in effect, provided, in pertinent part, the policies, procedures, and guidance for the elimination of enlisted personnel who were determined to be unfit for further military service.  However, at the time of the discharge 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 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.  This Board has noted the applicant’s contentions.  However, there is no evidence in the applicant’s record to substantiate his allegations.  The evidence of record shows that the applicant exhibited an unacceptable pattern of misconduct. 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___  __vbc___  __le____  DENY APPLICATION

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

INDEX

CASE ID	AR2000035593	
SUFFIX		
RECON		
DATE BOARDED	20000516	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19651008	
DISCHARGE AUTHORITY	AR635-208 	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.5000	
2.		
3.		
4.		
5.		
6.