MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                          3 October 2000
	DOCKET NUMBER:                 AR2000043330

	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.  Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Raymond J. Wagner		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 be upgraded to a
general discharge.

APPLICANT STATES:  In effect, that his discharge was too harsh considering the nature of the offense.  In support of his application he submits a copy of his DD Form 214 and two character references.

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

He entered active duty on 12 August 1960.

The applicant was convicted by a summary court-martial on 21 June 1961 for failure to go to his appointed place of duty.  His sentence consisted of confinement at hard labor for 30 days, a forfeiture of pay and reduction to the pay grade of E-1.  The sentence was adjudged on 21 June 1961 and approved on 22 June 1961.

The applicant was convicted by a special court-martial on 1 August 1961 for misappropriation of government property.  His sentence consisted of confinement at hard labor for 6 months, a forfeiture of pay and reduction to the pay grade of E-1. The sentence was adjudged on 1 August 1961.

The applicant underwent a separation medical examination on 18 September 1961 and was found qualified for separation.

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 21 November 1961, he was discharged under the provisions of Army Regulation 635-208, for frequent incidents of a discreditable nature with military authorities.
He was furnished an Undesirable Discharge Certificate.  He had a total of 1 year, 3 months and 10 days of creditable service.

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.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character. Paragraph 2 of the regulation provided, in pertinent part, for the separation of personnel where there was evidence of an antisocial or amoral
trend, chronic alcoholism, drug addiction, pathological lying, or misconduct.  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 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 procedural errors which would tend to jeopardize his rights.

2.  The type of separation directed and the reasons for that separation were
appropriate considering all of the available facts of the case.

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 has 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:

JNS_____  RTD____  RJW____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000043330	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001003	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19611121	
DISCHARGE AUTHORITY	AR2000043330	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.