MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            7 November 2000
	DOCKET NUMBER:   AR2000041806

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis		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 discharged be upgraded to a general discharge.

APPLICANT STATES:  In effect, that when he enlisted in the Army he did so with the belief that he could further his career as a military policeman or a construction equipment operator and he chose Europe as his duty station.  However, there was no mention of Vietnam until he arrived at Fort Dix, New Jersey and was told by the cadre that after 18 months in Europe he would probably be sent to Vietnam because the nation was in a state of war with North Vietnam.  He continues by stating that the cadre were gung-ho types and he saw the picture real clear and real fast so he went absent without leave (AWOL) until he was apprehended and returned to Fort Dix, confined, and subjected to abuse that amounted to torture.  He goes on to state that the Army ruined his life and he believes that he should be compensated for the emotional pain and suffering he has endured over the years.

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

He enlisted in New York on 16 December 1964 at the age of 20 for a period of 3 years and assignment to Europe.  He was transferred to Fort Dix for training.

On 11 January 1965, while still in basic training, nonjudicial punishment was imposed against him for being AWOL from 9 January to 10 January 1965.  His punishment consisted of a forfeiture of pay, extra duty and restriction.

He again went AWOL on 25 January and remained absent until he was apprehended by military authorities on 20 April 1965 and was returned to military control at Fort Jay, New York.

He was convicted by a special court-martial at Fort Dix on 20 May 1965 of being AWOL from 25 January to 20 April 1965.  He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.  However, the convening authority approved only so much of the sentence as provided for confinement at hard labor for 4 months and a forfeiture of pay. 

The facts and circumstances surrounding the applicant’s administrative discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant, which shows that he was discharged under other than honorable conditions on 19 July 1965 under the provisions of Army Regulation 635-208 for unfitness based on frequent involvement in incidents of a discreditable nature with civil and military authorities.  He had served 1 month and 19 days of total active service and had 168 days of lost time due to AWOL and confinement.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities.  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.  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.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would tend to jeopardize his rights.

3.  Accordingly, the type of discharge directed and the reasons therefor were appropriate considering all of the available facts of the case.

4.  The applicant’s contentions have been noted by the Board.  However, given his otherwise undistinguished record of service during a short period of time, they are not sufficiently mitigating to warrant an upgrade of his discharge. 

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

__gp____  __mm___  ___pm __  DENY APPLICATION

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

INDEX

CASE ID	AR2000041806	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/07	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1965/07/19	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	UNFITNESS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  592	144.5100/A50.08/UNFIT	
2.		
3.		
4.		
5.		
6.