MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           5 October 2000                 
	DOCKET NUMBER:   AR2000037804

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Jaime Perez		Member	
	Mr. Elzey J. Arledge, Jr.		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 or general discharge.

APPLICANT STATES:  That he contracted Hepatitis-A and Yellow Jaundice while in Korea and did not know it.  He was sick and could not function properly.  He contends that he also had problems with his sergeant in Korea, which caused him to be reduced in grade and eventually go absent without leave (AWOL), to be given a court-martial and to receive an undesirable discharge.

He has submitted no evidence in support of his request.

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

He enlisted in the Regular Army for three years on 13 October 1955 and received training as a light weapons infantryman at Fort Riley, Kansas.  During his training his unit commander referred him to the Mental Hygiene Service for laziness, indifference and repeated sick call.  It was determined that he had no psychiatric disorders.  His conduct and efficiency ratings during training were rated as fair.

On 1 June 1956 he was convicted by a summary court-martial (SCM) for one day AWOL.  On 24 September 1956 he was convicted by a SCM of abandoning his guard mount without proper authority, and on 24 January 1957 he was convicted by a special court-martial (SPCM) of eight days AWOL and spent 43 days in confinement.

On 5 July 1957 he was reassigned to Korea.  

On 17 December 1957 he was AWOL from guard duty and received nonjudicial punishment (NJP) and was reduced to pay grade E-1.

On 31 December 1957 he was tried by SPCM for six days AWOL and sentenced to six months confinement.

On 5 February 1958 his commander recommended that he be eliminated from the service under the provisions of Army Regulation 635-208, for undesirable habits and traits.  

The applicant appeared before a Board of Officers on 21 February 1958 with counsel but did not testify in his own behalf.  The board recommended discharge for undesirable habits or traits of character and recommended an undesirable discharge.

The appropriate authority approved the board’s recommendation and the applicant was discharged with an Undesirable Discharge Certificate on 26 April 1958 after 2 years, 2 months and 18 days service.

His medical records show that he was treated for infectious hepatitis with jaundice at Letterman Army Hospital from 9 through 25 April 1958.  The Clinical Record Cover Sheet indicates that the case was mild, and that he was a disciplinary problem while on the ward and was AWOL for three days. 

The Army Discharge Review Board denied the applicant’s requests to upgrade his discharge on 31 May 1966 and 28 January 1981.

Army Regulation 635-208, in effect at the time set forth the basic authority for the separation of enlisted personnel who were determined to be unfit for further military service.  The regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities or who have established a pattern of shirking were subject to separation for unfitness.  An undesirable discharge was normally considered appropriate unless circumstances warranted a general or honorable 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 has submitted no evidence in support of his application other than his own statement of events during his relatively short military career.  His record shows that in just over two years of service he received NJP once, was convicted by two SCM’s and two SPCM’s and spent 102 days in confinement.

2.  During his service he was assigned to Fort Riley, Kansas and Korea.  He contends that he had problems with his sergeant in Korea that led to all of his difficulties.  The evidence of record does not support his contentions.  In fact, his disciplinary record suggests that his entire service was less than satisfactory and reflective of an indifferent attitude and resentfulness of authority manifested by frequent AWOL’s and shirking of duty.  Further, his medical record does not support his statement that his hepatitis contributed to his poor duty performance.

3.  The discharge proceedings in this case were conducted in accordance with law and regulations applicable at the time and the undesirable discharge he received was commensurate with his overall record of military service.

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

__sjp____  ___jp   __  __eja____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037804	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001005	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  110.00		
2.   144.01		
3.   144.50		
4.		
5.		
6.