MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 August 2000
	DOCKET NUMBER:   AR2000037089

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway 		Member	
	Mr. Allen L. Raub		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 honorable or general.

APPLICANT STATES:  That he had honorable military service from 1961 to 1964.  The undesirable discharge is based on one isolated incident and is too harsh for the offense.  He is in need of medical care and is trying to get assistance from the Department of Veterans Affairs (VA).

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

He enlisted on 29 May 1962 for a period of 3 years.  After training, he was assigned to Fort Sam Houston, Texas.  In October 1963, he was reassigned overseas to Germany.

On 10 April 1963, the applicant was tried by a summary court-martial and found guilty of unlawful entry.  He was sentenced to a reprimand and forfeiture of $33.00 (suspended for 1 month).

On 20 November 1963, the applicant was administered nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for being absent from his place of duty.  His punishment included reduction in rank from private first class (E-3) to private (E-2).

On 3 December 1963, the applicant was administered NJP for failure to report to his appointed place of duty.

On 30 December 1963, the applicant’s commander recommended that he be discharged for unfitness under the provisions of Army Regulation 635-208.  The applicant consulted with counsel and waived consideration by a board of officers. He acknowledged that he might expect to encounter substantial prejudice in civilian life if issued a discharge under other than honorable conditions, and that he may be ineligible for many or all benefits as a veteran under both federal and state laws.  He declined to submit a statement in his own behalf.  The separation authority approved the recommendation and directed the applicant be issued an Undesirable Discharge Certificate.

On 2 January 1964, the applicant was administered NJP for being absent without leave for 1 day.

On 22 January 1964, the applicant was again tried by a summary court-martial and found guilty of failure to report to his place of duty and failure to obey a lawful order.  He was sentenced to confinement at hard labor for 30 days, forfeiture of $28.00, and reduction in rank to private (E-1).

The applicant was discharged on 11 February 1964 at Fort Hamilton, New York.  He had 1 year, 8 months and 3 days of creditable service and 9 days of time lost.

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.

On 12 December 1969, the Army Discharge Review Board denied the applicant’s request for upgrade of his discharge.

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's administrative separation was accomplished in compliance with applicable regulations, with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

2.  The applicant’s contention that he served from 1961 to 1964 is erroneous and misleading.  He served less than 2 years of a 3-year enlistment at the time of his discharge on 11 February 1964.

3.  The applicant’s assertion that his discharge was based on one isolated incident is not credible.  His military service has been blemished by two summary courts-martial and three records of proceedings under Article 15, UCMJ, in a period of less than 1 year.

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 this 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

__gdp___  __clg____  __alr____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037089	
SUFFIX		
RECON		
DATE BOARDED	20000824	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19640211	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.