MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           
	DOCKET NUMBER:   AR2000043428

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr 		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:  The applicant states, in effect, that his ability to serve was impaired by his youth and immaturity; that his conduct and efficiency ratings/behavior and proficiency marks were mostly pretty good; that he received awards and decorations; that he has been a good citizen since discharge; that his ability to serve was impaired by financial problems; and, that the punishment he received was too severe compared with today’s standards.

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

On 6 May 1968 he was inducted into the Army of the U.S. for a period of 2 years. He successfully completed basic combat training at Fort Jackson, South Carolina, and advanced individual training in military occupational specialty 94B (Cook) at Fort Sam Houston, Texas.  He was assigned to Fort Hood, Texas, upon completion of training.

The applicant’s record documents that the highest permanent rank he held on active duty was private/E-2 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 19 December 1968, while in leave status, the applicant was apprehended by civilian authorities in New York for robbery in the 1st degree.  The investigation revealed that the applicant, in concert with an accomplice, assaulted a civilian with his fists and forcibly took his wallet that contained an undetermined amount of money.

On 23 December 1968 the applicant appeared in the 1st District Court, Commack, New York.  The judge postponed the trial to 9 January 1969.  The applicant was confined to the Suffolk County Jail in Commack in lieu of $10,000 bail. 

On 9 January 1969 the applicant appeared in court where his case was waived to the Suffolk County Grand Jury to an unspecified date.  The applicant remained confined at Suffolk County Jail in lieu of the required bail.

On 7 March 1969 the applicant was arraigned and pled not guilty to robbery in the 1st degree and grand larceny in the 3rd degree.  On 23 May 1969 the applicant withdrew his not guilty plea and entered a plea of guilty to attempted robbery in the 3d degree.

On 1 July 1969 the applicant was convicted under the penal code of New York, however, the sentence is not of record. 

On 3 July 1969 the applicant was released from Suffolk County Jail to the Special Processing Detachment, Fort Dix, New Jersey.

On 9 September 1969 his commanding officer initiated action to discharge him under the provisions of Army Regulation 635-212 by reason of unfitness - frequent incidents of a discreditable nature with military authorities.   

On 7 October 1969 the separation authority approved the applicant’s discharge and issuance of an Undesirable Discharge Certificate, DD Form 258A. Accordingly, he was discharged on 16 October 1969 after completing 10 months and 27 days of active military service, with 202 days lost due to civil confinement.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of 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.
A UD was normally considered appropriate.

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.

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.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  In view of the applicant’s offense, it does not appear that his UD was too severe.

2.  The Board noted the applicant’s contentions, however, the evidence of record does not support the applicant’s contentions and the applicant has provided no independent corroborating evidence in support of them.  

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 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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR1999029993	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19619690124	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	144.7100.0000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 	144.9231.0000	
2. 	144.9301.0000	
3. 	144.0100.0000	
4. 		
5.		
6.