MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   AR2000046898

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, Jr.		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.

APPLICANT STATES:  That he served in Korea during his first enlistment where he earned the Combat Infantryman Badge and the Bronze Star Medal.  He served almost two years on his second enlistment and did very well until they decided to send him to Germany.  He decided he did not want to go so he went absent without leave (AWOL).  Then he decided to go back and serve his time and do penance.  He regrets what he did.  Due to his immaturity he made very foolish decisions.  President Carter forgave all those men who chose not to serve their country.  He is sure he would have made better decisions if he had been more mature at the time.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from reconstructed records.

The applicant was born on 15 December 1931.  He enlisted in the Regular Army on 23 December 1948.  He was promoted to Corporal, E-4 on 16 August 1950.  He was honorably discharged on 9 February 1951 for the purpose of immediately reenlisting on 10 February 1951.  

Between March and September 1952, the applicant was convicted by three summary courts-martial of being AWOL from 13 – 17 March 1952; being AWOL from 8 – 23 July 1952; and failing to go to his appointed place of duty and disobeying a lawful order, respectively.

On 19 June 1953, the applicant was convicted by a special court-martial of being AWOL from 14 January – 28 May 1953.  He was sentenced to confinement at hard labor for 6 months and to forfeit $34.00 pay for 6 months.

On 21 July 1953, the applicant’s commander initiated action to discharge the applicant for unfitness under the provisions of Army Regulation 615-368.

On 25 July 1953, the applicant underwent a mental status evaluation.  He was found to be mentally responsible, both to distinguish right from wrong and to adhere to the right.  Psychiatric consultation was not considered necessary.

On 6 August 1953, a board of officers was convened to determine if the applicant should be discharged for unfitness.  The applicant appeared before the board but desired to remain silent.  The board recommended the applicant be discharged for unfitness and that an Undesirable Discharge Certificate be furnished.

On 18 August 1953, the appropriate authority approved the recommendation.

On 20 August 1953, the applicant completed a separation physical examination and was found qualified for separation.

On 24 August 1953, the applicant was discharged, with an undesirable discharge, in pay grade E-1 under the provisions of Army Regulation 615-368 for unfitness.  He had completed a total of 3 years and 11 months of creditable active service and had 275 days of lost time.

Army Regulation 615-368 governed the separation of enlisted personnel for unfitness.  In pertinent part, it provided for the discharge of an individual who was unfit for further military service because of habits or traits of character manifested by antisocial or amoral trends, chronic alcoholism, criminalism, drug addiction, pathological lying, homosexuality, sexual perversion or misconduct; unclean habits including repeated venereal infections; repeatedly committing petty offenses not warranting trial by court-martial; habitual shirking; possessing an antisocial personality disorder or defect; or a record of service revealing frequent disciplinary actions because of infractions of regulations and commission of offenses.

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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The Board is not convinced that his “immaturity” caused him to made foolish decisions.  He was 20 years old and a junior noncommissioned officer when he first went AWOL.  He had one successful enlistment behind him.  He knew what the Army’s disciplinary requirements were. He knew, after his first court-martial, that punishment would result from not meeting those requirements.  Considering the number AWOLs the applicant had, the type of discharge directed and the reasons therefor were and still are appropriate considering all the facts of the case.

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

__emw___  __amc___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046898	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19530824	
DISCHARGE AUTHORITY	AR 615-368 	
DISCHARGE REASON	A50.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.