MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           7 November 2000   
	DOCKET NUMBER:   AR2000043438

	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. 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 discharge (UD) be changed to honorable.

APPLICANT STATES:  In effect, that his discharge is too harsh for the infractions he committed; that he was pressured to reenlist halfway through his first tour of duty; that after reenlisting he was denied his 30 day leave; and, that he had a prior honorable period of service.

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

On 26 September 1964 he enlisted in the Regular Army (RA) for a period of 3 years.  He successfully completed basic combat training at Fort Ord, California, and advanced individual training (AIT) in military occupational specialty (MOS)
67A (Aircraft Maintenance Crewman) at Fort Rucker, Alabama.  Thereafter he was assigned to Germany. 

On 11 June 1965, while in Germany, he was promoted to private first class/E-3.

On 6 May 1966, while in Germany, he was honorably discharged for the purpose of immediate reenlistment.  On 7 May 1966 he reenlisted in the RA for a period of 3 years.  At the time of his reenlistment he held the rank of specialist/E-4 and had completed 1 year, 7 months, and 11 days of prior active honorable service.

On 14 July 1966 he was convicted by a summary court-martial of being absent without leave (AWOL) from 16 June-7 July 1966.  He was sentenced to a reduction to private/E-1, a forfeiture of $45, and 45 days restriction and extra duty.

On 14 August 1966, while in Germany, the applicant was promoted to private/
E-2.

On 4 March 1967 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for being disrespectful to a noncommissioned officer.  The punishment imposed consisted of a forfeiture of $20, and 14 days restriction and extra duty.

On 14 January 1967, while in Germany, the applicant was promoted to private first class/E-3.

On 14 March 1967 he accepted NJP for being absent from his unit.  The punishment imposed consisted of a reduction to private/E-2, a forfeiture of $24, and 14 days restriction and extra duty. 

On 28 June 1967 he accepted NJP for being absent from his unit.  The punishment imposed was 14 days restriction and extra duty. 

On 21 July 1967 he was convicted by a special court-martial of AWOL from 
7-12 July 1967.  He was sentenced to confinement at hard labor for 6 months, a forfeiture of $86 pay per month for 6 months, and a reduction to private/E-1.

The applicant was confined from 21 July-20 September 1967, a total of 60 days. 

On 24 July 1967 the applicant was referred by his command and underwent a psychiatric examination.  The applicant reported that he believed his unit commander had been more than fair to him and that he wanted to be discharged from the Army.  The applicant further indicated that he did not like taking orders from authority figures who were less knowledgeable than he.  The examiner found the applicant free of psychiatric disease and recommended him for separation.

On 31 July 1967 the unit commander initiated separation of the applicant under the provisions of AR 635-212 for unfitness.  The unit commander indicated that regardless of assignment, the applicant continually failed to perform in a satisfactory manner.  The record shows that the applicant was transferred within the unit several times and that the rehabilitative transfers failed to assist the applicant.  The unit commander further indicated that he had spent more time and effort on the applicant than on any other soldier in the unit and that he had not responded to the commander’s efforts.

In a written statement, the applicant’s first sergeant indicated that the applicant was a constant problem and that he failed to perform his duties in a satisfactory manner.  The applicant’s immediate supervisor stated that the applicant showed no respect for government property while working in the motor pool and that he had no interest in his work.  He recommended the applicant for separation from the service because the applicant’s attitude and conduct were substandard.

On 20 September 1967 the unexecuted portion of the sentence to confinement at hard labor for 6 months and a forfeiture of $86 pay per month for 6 months was suspended.

On 2 October 1967 the applicant was discharged with a UD.  He was credited with 2 years, 9 months, and 11 days of active military service, with 27 days lost due to AWOL and 60 days lost due to confinement.

AR 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 separations for unfitness.  A UD was normally considered appropriate. 

On 6 February 1969 the Army Discharge Review Board reviewed and denied the applicant’s request for an upgrade of his 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.  The applicant’s discharge proceedings appear to have been conducted in accordance with law and regulations applicable at the time of his separation.

2.  The record shows that he accepted NJP on 3 occasions, a summary and special court-martial for AWOL, and several rehabilitative transfers before he was recommended for separation.  The applicant’s chain of command attempted to assist the applicant in performing and conducting himself to Army standards and the applicant failed to respond appropriately to these efforts.  In view of the numerous instances of misconduct, a UD does not appear to be unduly harsh.

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

__GDP __  __MHM__  __PM___  DENY APPLICATION

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

CASE ID	AR2000043438	
SUFFIX		
RECON		
DATE BOARDED	20001107	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	196710024	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	Frequent incidents of discreditable nature	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 	144.6400.0000	
2. 	144.9235.0000	
3. 	144.9500.0000	
4. 		
5. 		
6.