MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 April 2001                  
	DOCKET NUMBER:   AR2000048774

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman		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 discharge under other than honorable conditions (UOTHC) be upgraded.

APPLICANT STATES:  In effect, that he experienced marital problems and was involved in an automobile accident in Baltimore.  He claims that he spent time at the Fort Meade Hospital as a result of the accident and was given an undesirable discharge.  In support of his application, he submits a Discharge Summary from the Divine Providence Hospital and a Certificate of Examination, dated 30 November 1956.

EVIDENCE OF RECORD:  The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  The limited information herein was obtained from alternate sources.

The available evidence shows that the applicant enlisted in the Regular Army on 18 October 1955 for a period of three years.

The applicant’s records do not contain the facts and circumstances or the board action surrounding the discharge process.  However, his records do contain a copy of his DD Form 214 (Report of Transfer or Discharge) which indicates that he was discharged on 14 February 1957 under the provisions of Army Regulation 635-208, with an under other than honorable conditions discharge.  He was discharged with a Separation Program Designator (SPD) code of SPD 488, undesirable habits and traits of character.  He had 1 year, 3 months and 27 days of creditable service and no days of lost time.  

On 30 November 1956, the applicant underwent a psychiatric examination which diagnosed him as having passive-aggressive reaction, chronic, moderate personality, manifested by an inability to accept authority, complaints of harassment and persecution, low intelligence and a slight regard for cleanliness and order.  The psychiatrist stated that the applicant’s disciplinary record consisted of three trials by courts-martial and three punishments under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), 1951.  The psychiatrist also stated that the applicant’s military career was marked with numerous instances of difficulty in relating to fellow soldiers as well as to noncommissioned officers and to Commanding Officers.  Further, the psychiatrist determined that the applicant could distinguish between right and wrong, possessed the mental capacity to participate in administrative or judicial proceedings and that he had no disqualifying mental defect sufficient to warrant disposition through medical channels.  The psychiatrist recommended that the applicant be administratively discharged from the service under the provisions of Army Regulation 635-208.  

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, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character.  Paragraph 2 of the regulation provided, in pertinent part, for the separation of personnel where there was evidence of an antisocial or amoral trend, chronic alcoholism, drug addiction, pathological lying, or misconduct.  An undesirable discharge was normally considered appropriate.

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 contention; 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.  In the absence of evidence to the contrary, it is presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize his rights.

3.  The type of discharge directed and the reasons for his separation were appropriate considering all of the 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

RWA____  RTD____  DPH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000048774	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010412	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19570214	
DISCHARGE AUTHORITY	AR635-208,paragraph 1c	
DISCHARGE REASON	Undesirable Habits and Traits of Character	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.