MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  27 March 2001
	DOCKET NUMBER:  AR2000048346

	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. Roger W. Able		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Allen L. Raub		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:  In effect, that his undesirable discharge be upgraded.

APPLICANT STATES:  In effect, that his commander informed him that if he went AWOL, he would throw the book at him.  He also states that marital problems were the cause of his AWOL.  He further states that he approached his wife’s place of work and was told by her boyfriend that he could not see her.  He goes on to state that he did not mean to go AWOL and that he is sorry for what
he has done.  In support of his application he submits a copy of his DD Form 214 (Report of Transfer or Discharge).

EVIDENCE OF RECORD: The applicant's military records show he enlisted in the Virginia Army National Guard (VAARNG) on 29 February 1960 as an Air Defense Missile Crewman.  He was ordered to active duty for training (ADT) on 30 April 1960 and was released from ADT on 29 October 1960.  He was returned to the VAARNG to complete his remaining service obligation.  On 10 June 1962 he was honorably discharged from the VAARNG.  He enlisted in the Regular Army on 22 October 1962.

On 29 October 1963, he was punished under Article 15, UCMJ, for violation of a lawful general regulation.  His punishment consisted of 14 days restriction and extra duty.

He was convicted by a special court-martial on 15 September 1964 of being AWOL from 2 to 15 November 1963 (13 days) and from 15 November 1963 to 
5 August 1964 (309 days).  His sentence consisted of confinement at hard labor for 6 months and a forfeiture of pay.

The applicant underwent a psychiatric evaluation on 22 September 1964, which determined that he could distinguish right from wrong and that he possessed sufficient mental capacity to participate in administrative or judicial proceedings.

On 7 October 1964, the applicant’s commander submitted a recommendation to separate the applicant from the service under the provisions of Army Regulation 635-208, for unfitness.  He cited as the basis for his recommendation the applicant’s established pattern for shirking.

The applicant underwent a separation medical examination on 15 October 1964 and was found qualified for separation.

On 16 October 1964, the appropriate authority approved the recommendation 
for discharge and directed that he be furnished an Undesirable Discharge Certificate.  The applicant was discharged on 23 November 1964.  He had a total of 1 year and 9 days of creditable service and had 388 days of lost time due to 
AWOL and confinement.

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, then in effect, set forth the policy for administrative separation for unfitness (misconduct).  Action to separate an individual was to be taken when, in the judgement of the commander, it was clearly established that rehabilitation was impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted, an undesirable discharge was normally issued.

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 Board noted the applicant’s contentions; however, there is no evidence in the available records, and the applicant has provided no evidence to show that his discharge was unjust and should be upgraded.

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.  

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

4.  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.

5.  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

__ra____  ___gw__  __ar___  DENY APPLICATION

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

INDEX

CASE ID	AR2000048346	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010327	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19641123	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.