MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 August 2000
	DOCKET NUMBER:   AR2000040459

	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 an honorable discharge.

APPLICANT STATES:  That he had no education at the time of his enlistment in the Army and that the Army recruiter took his school papers and threw them away.  He states that he had problems adjusting to military life because he didn’t understand anything that he read.  He goes on to state that the Army helped him fill out papers and people were always disrespecting him or downgrading him.  He states that under current standards, he would not have received an undesirable discharge and that he has been a good citizen since his discharge.  He concludes by stating that his low aptitude scores, deprived background and level of education impaired his ability to serve.

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

On 24 October 1960, at age 18, he enlisted in the Army with a 9th grade education for 3 years in the pay grade of E-1.  He successfully completed his training as a canvas and leather repairman.

The applicant was convicted by a summary court-martial on 28 October 1961, of being absent from his place of duty on 17 October 1961.  His sentence consisted of a reduction in pay grade and a forfeiture of pay.

On 13 September 1962, the applicant was convicted by a special court-martial of being AWOL from 1 April until 13 July 1962.  His sentence consisted of confinement at hard labor and a reduction in pay grade.

He was convicted by a special court-martial on 5 March 1963, of being AWOL from 4 October 1962 until 22 January 1963.  His sentence consisted of confinement at hard labor and a reduction in pay grade.

The facts and circumstances pertaining to the applicant's discharge are not on file. The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 8 April 1963, under the provisions of Army Regulation 635-208, for unfitness.  He had completed 1 year, 5 months and 27 days of total active service and he had approximately 354 days of lost time due to AWOL and confinement.  He was issued an Undesirable Discharge Certificate.

There is no evidence of record that shows that the applicant’s 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, then in effect, provided for the separation of personnel for unfitness.  Paragraph 10b(3) provides that separation action by the commander exercising general court-martial jurisdiction prior to board action may direct discharge because of unfitness of an individual who has waived a hearing by a board of officers.

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’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 for being AWOL.  Although the applicant had only a 9th grade education at the time of his enlistment, he was 18 years old at the time of his enlistment in the Army.  There is no evidence of record to support his contention that he could not understand the consequences of going AWOL or that he could not understand anything that he read.

3.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

__mdm__  __js ____  __kah___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040459	
SUFFIX		
RECON		
DATE BOARDED	2000/08/10	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1963/04/08	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  592	144.5100	
2.  656	144.6400	
3.		
4.		
5.		
6.