MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 April 2001
	DOCKET NUMBER:   AR2000049324

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 records be corrected to reflect that he was discharged by reason of physical disability or that his discharge be upgraded to a general discharge.

APPLICANT STATES:  In effect, that because of his life long medical condition he should have been discharged by reason of physical disability or given a general discharge.  He further states that he discovered at the age of 25 that he suffers from chronic anxiety disorders and he has been on medication ever since. He also states that he is happily married with two children and that he would like to die with a little dignity.  He goes on to state that he wanted to serve his country honorably but he just could not handle it mentally.  He currently has a heart condition and is unable to appear before the Board.

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

He enlisted in Indianapolis, Indiana on 24 August 1964 for a period of 3 years and training as a supply specialist.  He was transferred to Fort Leonard Wood, Missouri to undergo his basic training. 

On 26 October 1964 he went absent without leave (AWOL) from basic training and remained absent until 30 October 1964.  Nonjudicial punishment was imposed against him on 2 November 1964.  His punishment consisted of a forfeiture of pay, extra duty and restriction for 14 days.  It appears that he was recycled to complete basic training.

He was then transferred to Fort Lee, Virginia on 6 January 1965 to undergo his advanced individual training as a supply specialist.

He again went AWOL on 1 February 1965, was apprehended by civil authorities in Hamilton, Ohio on 1 April 1965 and was returned to military control at Fort Knox, Kentucky on 5 April 1965.  He was convicted by a special court-martial on 25 May 1965 of the AWOL offense and was sentenced to hard labor without confinement for 2 months, a reduction to the pay grade of E-1, a forfeiture of pay and restriction.

He again went AWOL on 27 May 1965 and remained absent until he was returned to military control on 10 July 1965.  He again departed AWOL on 12 July 1965 and remained absent until he was returned to military control at Fort Riley, Kansas on 5 August 1965.

On 16 September 1965 he underwent a psychiatric examination and was diagnosed as having an anti-social personality.  The examining psychiatrist indicated that the applicant had indicated that he disliked the discipline he experienced in the Army, that he wanted out of the Army, and that he would continue to go AWOL until he forced a discharge.  He opined that the applicant was mentally responsible, was able to distinguish right from wrong and to adhere to the right.  The psychiatrist recommended that he be administratively discharged under the provisions of Army Regulation 635-208.

He was convicted by a special court-martial on 22 September 1965 of the AWOL offenses and was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.

The applicant underwent a medical/physical examination on 11 October 1965 and was found fit for separation.

On 28 October 1965 the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-208 for unfitness due to frequent involvement in incidents of a discreditable nature with civil and military authorities.  He cited as the basis for his recommendation the applicant’s disciplinary record with both civil and military authorities, the applicant’s statement that he would continue to go AWOL until he was discharged, the applicant’s statement that he wanted a discharge of any type, and his tendency to shirk his duties.

The applicant was advised of his rights, refused to consult with counsel, waived his right to a hearing before a board of officers and elected not to submit a statement in his own behalf.

The appropriate authority (a major general) approved the recommendation for discharge on 3 November 1965 and directed that he be furnished with an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 18 November 1965 under the provisions of Army Regulation 635-208 for unfitness due to frequent involvement in incidents of a discreditable nature with civil and military authorities.  He had served 6 months and 4 days of total active service and had 261 days of lost time due to AWOL and confinement.

He applied to the Army Discharge Review Board (ADRB) on 20 July 1968 for an upgrade of his discharge and authority to reenlist.  He indicated that he was married and was experiencing trouble getting a job and that he believed that he should have received a hardship discharge at the time.  The ADRB opined that he was properly discharged and denied his appeal on 10 October 1968.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities.  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 applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would tend to jeopardize his rights.

2.  Accordingly, the type of discharge directed and the reasons therefor were appropriate considering all of the available facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, given the seriousness of his offenses and his otherwise undistinguished record of service, they are not sufficiently mitigating to warrant an upgrade of his discharge.

4.  The applicant’s contention that he should have been discharged by reason of physical disability appears to be without merit.  He received a medical examination at the time of separation and was found medically fit for separation at the time.  The applicant has not shown through the evidence submitted with his application or the evidence of record that he was medically unfit for separation at the time.

5.  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.

6.  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

__mvt___  ___mm__  ___jhk __  DENY APPLICATION

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

INDEX

CASE ID	AR2000049324	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/17	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1965/11/18	
DISCHARGE AUTHORITY	AR635-208/UNFIT	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00/UNFIT	
2.		
3.		
4.		
5.		
6.