MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 September 2000
	DOCKET NUMBER:   AR2000039390

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Aldophi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern III		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 the reason and authority for his Honorable Discharge (HD) be upgraded.

APPLICANT STATES:  In effect, that he could not have been inept when he was promoted to sergeant (E-5) in only 5 months of service and received proficiency pay.

EVIDENCE OF RECORD:  The applicant's military records are believed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

He was born on 27 March 1942 and enlisted in the Regular Army for 3 years on 12 July 1960.  Following completion of all required military training, he was awarded military occupational specialty (MOS) 941.00 (cook) and assigned to Company A, 65th Engineer Battalion, 25th Infantry Division, Schofield Barracks, Hawaii, on 12 December 1960.

On 8 February 1961, the applicant was evaluated by the Division Psychiatrist upon referral by his chain of command.  The psychiatrist diagnosed the applicant with "Immaturity reaction with symptomatic habit formation:  enuresis [bedwetting], chronic, severe; associated with a past history of speech impediment and a current history of inadaptability and ineptness in military service."  He found that the applicant was free from mental disease, defect, and derangement so as to distinguish right from wrong, adhere to the right, refrain from the wrong, and possessed sufficient mental capacity to understand and participate in administrative separation actions.  He also found that the applicant had no mental or physical defect sufficient to warrant discharge for medical reasons.  He recommended that no further rehabilitative efforts be made with the applicant as he was of no value to the service and could not be rehabilitated.  He further recommended that he be discharged for unsuitability.

The applicant’s record is void of further facts and circumstances concerning the events that led to his discharge from the Army.  The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Report of Transfer or Discharge) which was authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Army Regulation 635-209, for unsuitability.

The applicant was given an HD on 20 March 1961.  He had 8 months and 9 days of creditable service and no lost time.  His rank at separation was Private (E-2), the highest rank that he held during his short service.

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 this requirement.

2.  The applicant served 8 months and 9 days of a 3-year enlistment.  He was separated because of unsuitability following an evaluation by the Division Psychiatrist of the 25th Infantry Division.

3.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge and the reason and authority therefor are commensurate with his overall record.

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

__cla____  __wtm___  __tbr ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039390	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19610320	
DISCHARGE AUTHORITY	AR 635-209	
DISCHARGE REASON	A40.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.