MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            25 May 2000
	DOCKET NUMBER:   AR2000036995

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		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:  That his undesirable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That being raised in the ghettos of Chicago made it hard for him to adjust to military life.

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

On 28 December 1967, he enlisted in the Army for 2 years in the pay grade of 
E-1.  He successfully completed his training as a food service apprentice.

Nonjudicial punishment (NJP) was imposed against the applicant on 30 January 1968 for being derelict in the performance of his duties.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

On 6 March 1968, NJP was imposed against him for wrongfully communicating a threat to injure another soldier by striking at him with a butt can full of sand.  His punishment consisted of a forfeiture of pay.

The applicant was convicted by a special court-martial on 4 June 1968 of unlawfully striking another enlisted member on the head with his fist and behaving with disrespect toward his superior officer.  His sentence consisted of confinement at hard labor for 6 months and a reduction in pay grade.

On 7 October 1968, he was convicted by a special court-martial of wrongfully and falsely altering with intent to deceive a certain instrument purporting to be a character and credit reference slip in words and figures.  His sentence consisted of confinement at hard labor for 6 months and a forfeiture of pay.

He had NJP imposed against him on 28 February 1969 for being disrespectful in language toward his superior NCO.  His punishment consisted of restriction and extra duty.  

The applicant was convicted by a summary court-martial on 12 March 1969 of breaking restriction and for being AWOL from 1 March until 3 March 1969.  His sentence consisted of confinement at hard labor for 1 month and a forfeiture of pay.

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 2 May 1969, under the provisions of Army 
Regulation 635-212, for unsuitability, and was issued an Undesirable Discharge Certificate.  He had 9 months and 4 days of total active service and he had 212 days of lost time due to confinement and AWOL.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

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 unsuitability.  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 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 contentions have been noted by the Board.  However, the fact that he was raised in Chicago is not sufficiently mitigating to warrant relief.  He was convicted once by a summary court-martial, twice by special court-martial, and he had NJP imposed against him three times.  In view of the applicant's acts of indiscipline, it does not appear that his undesirable discharge was too severe.

3.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

__ewl ___  __klw ___  __ela ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000036995	
SUFFIX		
RECON		
DATE BOARDED	2000/05/25	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1969/05/02	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	730	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  731	144.7900/A79.00/undesirable habits	
2.  723	144.7510/A75.10/derelict of duty	
3.  725	144.7600/A76.00/disrespect	
4.		
5.		
6.