MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 November 2000
	DOCKET NUMBER:   AR2000041080

	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. Margaret K. Patterson		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Wilford A. Hale		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 an Honorable Discharge (HD).

APPLICANT STATES:  That he was just 17 years old and a ninth grade dropout when he joined the Army; that he was immature and ill-equipped to handle the pressure of being away from home; that he has since obtained his General Equivalency Diploma (GED) and a college degree; that he is married and a father and grandfather; and that he regrets his mistakes.

In support of his application, he provides:  a copy of his DD Form 214, Report of Transfer or Discharge; a 2 December 1999 handwritten statement; and two letters of support, dated 17 and 24 November 1999.

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

Born on 7 July 1949, he enlisted in the Regular Army at Atlanta, Georgia for 3 years on 14 July 1966.  He completed Basic Combat Training (BCT) at Fort Benning, Georgia, and Advanced Individual Training (AIT) in Military Occupational Specialty (MOS) 72C, Switchboard Operator, at Fort Gordon, Georgia.  He was then sent to Vietnam where he served from 6 August 1967 to 30 July 1968.  In September 1968, he returned to the United States and Fort Hood, Texas.  In January 1969, he was assigned to Fort Benning once again.

The applicant was convicted of being absent without leave (AWOL) by two special courts-martial.  On 7 July 1967, he was convicted of being AWOL from 3 May 1967 to 18 June 1967 and sentenced to confinement at hard labor for 6 months (suspended) and forfeiture of $60 per month for 6 months.  On 15 April 1969, he was convicted of being AWOL from 1 November 1968 to 2 January 1969, 27 January to 10 February 1969, and 3-13 March 1969.  He was sentenced to confinement at hard labor for 6 months and forfeiture of $97 per month for 6 months.

The applicant also accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on three occasions:  on 27 March 1967 for being AWOL from 11-27 March 1967; on 12 April 1967 for breaking restriction and being AWOL from 3-5 April 1967; and on 3 March 1968 for failing to report for guard duty.

Documentation concerning the applicant's administrative separation is not in his file; however there is a duly authenticated copy of his DD Form 214 in his file which shows that he was separated with a UD under the provisions of Army Regulation 635-212 for unfitness on 3 July 1969.  His DD Form 214 shows that he had 2 years and 2 months of creditable service and 292 days of lost time.

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

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel who were found to be unfit or unsuitable for military service.  The regulation further provided, in pertinent part, that service members discharged for unfitness would be furnished an undesirable discharge, unless circumstances warranted a general or honorable discharge.  Service members discharged for unsuitability would be furnished an honorable or general 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.  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 facts and circumstances pertaining to the applicant’s discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that he was discharged on 3 July 1969 for unfitness under the provisions of Army Regulation 635-212 and was issued a UD.

3.  The applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.  The Board notes that the applicant was 18 years of age at the time of his first court-martial conviction and almost 20 years of age at the time of his second conviction.

4.  While the Board has taken cognizance of the applicant’s good post-service conduct and accomplishments, these factors alone do not warrant the relief requested.

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

__mkp__  __jhk____  __wah___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041080	
SUFFIX		
RECON		
DATE BOARDED	20001128	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19690703	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A50.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.