MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  30 January 2001
	DOCKET NUMBER:  AR2000046553

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Ms. Brenda F. Hirschi		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:  Reinstatement for medical services.  In effect, he requests that this undesirable discharge be upgraded to a general discharge so that he might be eligible for Veterans Affairs medical services.

APPLICANT STATES:  That his parents told him that his brother had died escaping prison.  He asked for leave through the company commander and the Red Cross.  He had time coming to him and they refused his leave request so he went anyway.  He found out that his brother was alive and staying with his aunt in Nebraska.  They talked his brother into going back to Alabama and giving himself up.  The applicant then turned himself in to the MPs at Fort Benning.

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

That he was inducted into the Army from the Army National Guard on 13 March 1958 as a Private (Pvt), pay grade E-2.  He had served honorably in the Alabama Army National Guard from about 6 October 1956 to 12 March 1958.

After completing training at Fort Hood, the applicant was assigned to the United States Army Europe (USAREUR) on 19 September 1958.  He was reassigned to Fort Benning on 2 October 1960.

During this active service, prior to 1 June 1961, he had two summary court-martials, one AWOL, one confinement, and twice a reduction in grade.  On 
1 June 1961, he went AWOL until 11 July 1961.  He was convicted by a summary court-martial and sentenced to reduction to Recruit, pay grade E-1, forfeiture of $40 a month for six months, and confinement at hard labor for six months.

On 30 August 1961, he was given an undesirable discharge, under other than honorable conditions, by reason of unfitness due to frequent involvement in incidents of a discreditable nature with military or civilian authorities, under the authority of Army Regulation 635-208 (Unfitness).  Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness.  Unfitness included frequent incidents of a discreditable nature with military or civil authorities.  An undesirable discharge was normally considered appropriate in these cases.

There is no evidence of record that the applicant had applied to the Army Discharge Review Board for an upgrade of his discharge within the 15 year time limit required.

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.  A review of the applicant’s records reveals no error or injustice in his undesirable discharge.  The applicant provides no evidence of any error or injustice in his discharge.

2.  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

__ao__  ___to_____  __bh______  DENY APPLICATION

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

INDEX

CASE ID	AR2000046553	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.