MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 August 2000
	DOCKET NUMBER:   AR2000039584

	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. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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 undesirable discharge be upgraded to a general or an honorable discharge.

APPLICANT STATES:  That he did not run off to Canada or any place else.

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

On 13 July 1954, he enlisted in the Army for 3 years in the pay grade of E-1 and he successfully completed his training as a light vehicle driver.  On 20 June 1955, he was honorably discharged for the purpose of immediate reenlistment.  Accordingly, on 21 June 1955, he reenlisted in the Army for 6 years in the pay grade of E-2.

The applicant was convicted by a summary court-martial on 21 June 1956, of wrongfully having in his possession, with intent to deceive, a certain instrument purporting to be an official pass.  His sentence consisted of restriction for 30 days.

On 1 September 1959, he was convicted by a special court-martial of being AWOL from 30 June until 22 July 1959.  His sentence consisted of confinement at hard labor, a reduction in pay grade and a forfeiture of pay.

Nonjudicial punishment (NJP) was imposed against the applicant on 15 June 1960, for speeding in a military vehicle.  His punishment consisted of restriction for 10 days.

He had NJP imposed against him on 7 September 1960, for not being in proper uniform.  His punishment consisted of restriction for 14 days.

On 3 October 1960, NJP was imposed against him for missing bed check.  His punishment consisted of extra duty.

The applicant was convicted again by a special court-martial on 28 November 1960, of unlawfully striking a person in the face or body with his hands and fists. His sentence consisted of confinement at hard labor, a reduction in pay grade and a forfeiture of pay.

On 21 March 1961, a board of officers convened to determine whether the applicant should be eliminated from the Army under the provisions of Army Regulation 635-208 for misconduct as a result of frequent disciplinary actions and petty offenses not warranting trial by court-martial.  The board determined that he showed evidence of unfitness and the board recommended that he be discharged under the provisions of Army Regulation 635-208 for unfitness due to frequent incidents of a discreditable nature with civil or military authorities.

The recommendation for discharge was approved by the appropriate authority on 15 April 1961.  Accordingly, on 8 May 1961, he was discharged under the provisions of Army Regulation 635-208 for unfitness due to frequent incidents of a discreditable nature with civil or military authorities.  He had completed 6 years, 7 months and 11 days of total active service and he had 77 days of lost time due to AWOL and confinement.

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 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities.  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.  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.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, the evidence of record clearly shows that he was tried and convicted by court-martial three times and he had NJP imposed against him on three separate occasions for his acts of misconduct.  It does not appear that the undesirable discharge issued to him is too severe considering his numerous offenses.  The fact that he did not run away to Canada is not a sufficient basis for granting the relief requested.

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

___mdm_  ____js __  __kah___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039584	
SUFFIX		
RECON		
DATE BOARDED	2000/08/10	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1961/05/08	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  661	144.6700	
2.  670	144.6710	
3.		
4.		
5.		
6.