MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  28 September 2000
	DOCKET NUMBER:  AR2000039782

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 he was the honor student of his platoon, class 95, at Fort Bragg.  His intention was to “Go Army” all the way to retirement.  
In 1960, he was forced by Neo Nazis in Weisbaden, Germany, to become involved in an altercation with them involving the German police.

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

That he enlisted in the Regular Army on 21 March 1958 for a three year term of service.  He completed basic and advanced training at Fort Ord, California, on 
13 August 1958.  On 19 August 1958, he reenlisted for a four year term of service.  He was given an honorable discharge for his first 4 months and 28 days of enlistment.

On 22 August 1958, the applicant was assigned to Company D, 1st Airborne Group, 505th Infantry, at Fort Bragg, North Carolina, as a light weapons infantryman.  On or about 20 September 1958, he was qualified as a parachutist. On 5 December 1958, he was advanced to the rank of private first class, pay grade E-3.  On 15 January 1959, his unit was transferred to Germany.

Between 8 April 1959 and 20 July 1960, he received eight punishments under Article 15, UCMJ: three failures to repair, one failure to repair and late returning to the company area, three missed bed checks, and one absence without an authorized pass.  On 8 April 1959, he was reduced to pay grade E-2.  Between 6 January 1960 and 4 October 1960, he also received two special courts-martial and one summary court-martial listed below.

On 6 January 1960, he received a special court-martial for one specification of disorderly conduct at a military police station and one specification of willfully and wrongfully breaking a glass window belonging to a German national.  He was found guilty of both charges and sentenced to reduction to pay grade E-1, 
3 months hard labor, and forfeiture of $55 a month for 3 months.

On 7 March 1960, the applicant received a summary court-martial for a specification of AWOL for 22 hours and 45 minutes.  He was sentenced to forfeiture of $60.

On 17 October 1960, the applicant received a special court-martial for 
six specifications: AWOL for 1 hour and 40 minutes, AWOL for one day, AWOL for 6 days, disorderly conduct in a public place, and two specifications of escaping the custody of an Air Force security policeman.  He was found guilty of all specifications except for one incident of escaping custody.  He was sentenced to confinement at hard labor for 6 months and forfeiture of $70 a month for 
6 months.

On 28 October 1960, a board of officers conducted a hearing to determine the applicant’s fitness for continued service.  The applicant’s military record and disciplinary record were reviewed.  Witness statements were heard from four noncommissioned officer supervisors and one officer concerning the applicant’s misconduct.  In addition to the applicant’s record of misconduct, an issue of excessive alcohol drinking and related drunken behavior was identified.  Witnesses also stated that the applicant had a belligerent attitude toward authority; that he was unable to adapt to Army regulations and standards, and he was unresponsive to counseling.  It was noted that the applicant had been given a rehabilitative transfer to another unit on 5 January 1960, without satisfactory results.  The board also heard the personal testimony of the applicant.  The board of officers recommended that the applicant be given an undesirable discharged for unfitness exhibited by frequent involvement in incidences of a discreditable nature with military and civilian authorities under the authority of Army Regulation 635-208 (Discharge of Enlisted Personnel for Unfitness).  This recommendation was approved by the major general separation authority on 
3 November 1960.  The applicant was so discharged on 22 November 1960 as a Recruit, pay grade E-1, with 2 years, 6 months, and 8 days total active service.

The applicant applied to the Army Discharge Review Board (ADRB) on 
20 February 1961 for upgrade of his undesirable discharge to an honorable discharge.  The ADRB denied the request, finding no error or impropriety in the applicant’s undesirable 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.  That the applicant’s undesirable discharge was correct and just considering his record of misconduct.

2.  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

__ro___  ___dh__  ___ew___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039782	
SUFFIX		
RECON		
DATE BOARDED	20000928	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19601122	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.144	Administrative Discharge	
2.		
3.		
4.		
5.		
6.