MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 August 2000
	DOCKET NUMBER:   AR2000040972

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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 (UD) be upgraded to general, under honorable conditions.

APPLICANT STATES:  In effect, that he was young when he married; that he did not want to leave his wife; and, that he now understands that his decisions were wrong. 

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

He enlisted in the Regular Army for a period of 3 years on 10 September 1963.  He successfully completed basic combat training and advanced individual training in military occupational specialty 64B (Heavy Vehicle Driver) at Fort Knox, Kentucky.  

On 10 January 1964, while at Fort Knox, he was promoted to private/E-2.

On 14 February 1964 he departed Fort Knox in casual status en route to Germany.

On 10 April 1964, while in Germany, he was promoted to private first class/E-3.

On 7 February 1965 he accepted nonjudicial punishment (NJP) under the provisions of Article 15 (summarized), UCMJ, for disrespect to an NCO and wrongfully appropriating a truck.  The punishment imposed consisted of 14 days of restriction.

On 9 March 1965 he accepted NJP for failing to go to his appointed place of duty.  The punishment imposed consisted of a reduction to private/E-2, and 
14 days of restriction and extra duty.

On 21 March 1965 he accepted NJP (summarized) for being disorderly in quarters.  The punishment imposed consisted of 14 days of restriction and extra duty.

On 19 June 1965 the applicant was convicted by special court-martial for stealing by means of force and violence from a Latvian national.  He was sentenced to confinement at hard labor for 6 months and a forfeiture of $66 pay per month for 6 months.

On 27 July 1965 the above special court-martial was dismissed because the evidence was insufficient to establish a corpus delicti.  All rights, privileges, and property of which the applicant had been deprived by virtue of the court-martial findings and sentence were restored.

On 4 August 1965 the applicant departed Germany in official leave status.  He did not return to Germany on 18 September 1965, the date of his scheduled return from leave.

On 20 September 1965 the applicant turned himself in to the 68th MP Detachment, Detroit, Michigan.  He was provided with travel and meal tickets and  ordered to report to the Overseas Replacement Station, Fort Dix, New Jersey, for his return trip to Germany.

On 22 September 1965 the applicant departed absent without leave (AWOL) and remained so absent until apprehended by civilian authorities on 10 October 1965.  He was returned to duty at Fort George, Meade, Maryland, and confined in the stockade until 11 November 1965.

On 11 November 1965 the applicant was again issued travel and meal tickets and ordered to report to the Overseas Replacement Station at Fort Dix for his return trip to Germany.

On 13 November 1965 the applicant again departed AWOL and remained so absent until he was apprehended and returned to duty at Fort Meade on 
3 January 1966.  He was thereafter confined until sentenced by court-martial.  

On 17 February 1966 the applicant was convicted by special court-martial of AWOL.  He was sentenced to confinement at hard labor for 5 months and a forfeiture of $50 pay per month for 5 months.  He remained in confinement until the date of his separation from the Army.

On 26 April 1966 the applicant was discharged under the provisions of AR 635-208 for unfitness and issued a DD Form 258A (Undesirable Discharge Certificate).  He was credited with 2 years and 13 days on his current enlistment, and 215 days of lost time.

Army Regulation 635-208, then in effect, provided in pertinent part, the policies, procedures, and guidance for the prompt elimination of enlisted personnel who were determined to be unfit for further military service.  Individuals discharged under this regulation normally receive a UD. 

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15 year statute of limitations.

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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  In view of the applicant’s extended periods of AWOL, it does not appear that his UD was too severe.

2.  The Board notes the applicant’s contentions about his youth and marriage submitted in mitigation, however, these matters do not sufficiently outweigh the offenses that lead to his discharge. 

3.  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 failed to submit evidence that would satisfy this requirement.

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

___tdh___  ___aao__  ___gjw__  DENY APPLICATION

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

INDEX

CASE ID	AR2000040972	
SUFFIX		
RECON		
DATE BOARDED	20000815	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19660426	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	Unfitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 	144.9301.0000	
2. 	144.6300.0000	
3. 	144.0100.0000	
4. 		
5.		
6.