MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 October 2000
	DOCKET NUMBER:  AR2000041275

	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:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 under other than honorable conditions undesirable discharge be upgraded since 15 years are over since his discharge.

APPLICANT STATES:  No statement made and no supporting evidence submitted.

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

That he enlisted in the Regular Army on 3 June 1960 for a 3 year term of service. He entered basic combat training at Fort Hood on 8 June 1960.  He entered Infantry Advanced Individual Training at Fort Hood on or about 6 August 1960.  He was AWOL from 13–29 September 1960 for which he was convicted by a special court-martial on 7 October 1960.  He was sentenced to forfeiture of $135 and performance of hard labor without confinement for one month.  After completing training as an infantryman, he was assigned on 25 November 1960 to the 2nd Armored Rifle Battalion, 46th Infantry Division, in Germany, as a rifleman.  
He had advanced to the rank of Private First Class (PFC) on 31 May 1961.

On 16 September 1961, the applicant was convicted by a summary court-martial for failing to obey a lawful order issued by his commanding officer not to smoke in tracked vehicles.  He was punished by reduction to Private, pay grade E-1, forfeiture of $25, and to perform hard labor without confinement for 45 days.

On 6 February 1962, the applicant was convicted by a summary court-martial for AWOL 0700 to 1830 on 25 January 1962.  He was punished by forfeiture of $34 and restriction for 30 days.

On 7 May 1962, the applicant was convicted by a special court-martial for two specifications of AWOL, one on 16 April 1962 and one on 16-21 April 1962.  He was punished by reduction to Private, pay grade E-1, forfeiture of $168, and performance of hard labor without confinement for 45 days.

During the time he was assigned in Germany, the applicant had three rehabilitative transfers and opportunity of five different supervisors without exhibiting satisfactory service.  In his last unit, he was given the opportunity of three different jobs but his commander stated that the applicant was unsatisfactory in all three jobs.

On or about 25 April 1962, the applicant was recommended for separation under Army Regulation 635-208, Discharge for Unfitness, frequent involvement in incidences of a discreditable nature with military or civilian authorities.  The separation authority approved the request, and based on the applicant’s duty performance and Army Regulation, directed that he be discharged under other than honorable conditions.  The applicant departed his unit on 8 July 1962 enroute to the United States arriving at his separation point, Fort Hamilton, New York, on 15 July 1962.  He was discharged on 16 July 1962 in the pay grade of E-1 with 2 years and 23 days creditable service and 21 days lost for this period of service.

Army Regulation 635-208 (Discharge for Unfitness), in effect at the time, set forth the basic authority for the separation of enlisted personnel.  The regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  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.  Considering the applicant’s record of two summary courts-martial and two special courts-martial, and numerous attempts at rehabilitation without success, his discharge under less than honorable conditions is considered justice.  No error was found in the discharge.

2.  There is no provision to upgrade a discharge based on time elapsed since date of the discharge.

3.  In view of the foregoing, since no error or injustice was found, 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

__md___  ___ao___  __wp____  DENY APPLICATION

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

INDEX

CASE ID	AR2000041275	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19620716	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.144	Administrative Discharge	
2.		
3.		
4.		
5.		
6.