MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 October 2000
	DOCKET NUMBER:   AR2000043072

	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. Edwin S. Castle		Member	
	Mr. John T. Meixell		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 a General Discharge (GD) or Honorable Discharge (HD).

APPLICANT STATES:  That his problems with the Army were the result of youthful indiscretions and immaturity.  In support of his application, he provides:  an undated personal letter; a copy of his DD For 214, Report of Transfer or Discharge, a 14 May 2000 letter of support; two (2) 15 April 2000 letters of support; a copy of a 6 June 2000 letter of employment; a 14 April 2000 letter of support; and a 17 April 2000 letter of support.

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

He was inducted into the Army of the United States for 2 years on 24 April 1969. He was assigned to Fort Knox, Kentucky for Basic Combat Training and follow-on training as a cook.

The applicant's record reflects numerous indisciplines.  He received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice:  on 6 August 1969 for being absent without leave (AWOL) from 3-5 August 1969; on 4 December 1969 for a pass violation; on 15 December 1969 for disobeying the lawful order of a superior commissioned officer and failure to repair; and on 13 January 1970 for damaging Government property and for disobeying the lawful order of a superior commissioned officer.

The applicant was convicted by two separate special courts-martial:  on 7 April 1970 for being AWOL from 5-18 March 1970; and on 20 May 1970 for two specifications of failing to go to his place of duty, uniform violation, disobeying the lawful order of a superior commissioned officer, disobeying the lawful order of a superior noncommissioned officer, and disrespect towards a superior noncommissioned officer.

There is no documentation in the applicant's record concerning his administrative separation from the Army.  However, there is a properly executed copy of the applicant's DD Form 214, duly authenticated by him, which indicates that he was separated with a UD for unfitness under the provisions of Army Regulation 635-212.  The discharge was executed on 25 June 1970.  The applicant had 1 year, 1 month, and 15 days of service and 17 days of lost time.

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 applicant's service record contains numerous acts of indiscipline which were dealt with through NJP and courts-martial.  Although the record of his administrative separation for unfitness is not available, the applicant's record supports such an action and the Board presumes regularity in the matter.

3.  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___  __esc___  __jtm____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043072	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19700625	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A50.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.