MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 February 2001
	DOCKET NUMBER:   AR2000049964

	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 N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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 to an honorable discharge.

APPLICANT STATES:  In effect, that he was scheduled to be shipped overseas and his orders were revoked.  At the time he acted impulsively and only wanted to get out of the Army; however, he no longer acts impulsively.  In support of his application he submits a letter from a third party attesting to his character.

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

He enlisted in the Marine Corps on 2 January 1958 and served until he was honorably discharged on 29 December 1961 after having served 3 years, 11 months and 28 days of total active service.

He enlisted in the Regular Army on 26 April 1963 for a period of 3 years.  He completed his refresher training at Fort Polk, Louisiana and his airborne training at Fort Benning, Georgia and was transferred to Fort Bragg, North Carolina on 3 August 1963 to attend Special Forces training. 

On 8 January 1964 he was convicted by a special court-martial of being absent without leave (AWOL) from 12 November to 7 December 1963.  He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.  However, the convening authority approved only so much of the sentence as provided for confinement at hard labor for 5 months (suspended for 6 months) and a forfeiture of pay. 

He was removed from Special Forces training and was transferred to Fort Sill, Oklahoma on 21 April 1964 for duty as a rifleman.

On 16 February 1965 nonjudicial punishment was imposed against him for being off post without a pass and for breaking restriction.  His punishment consisted of restriction for 14 days.

He again went AWOL on 4 March 1965 and remained absent until he was apprehended by civil authorities in Fort Worth, Texas, was returned to military control at Carswell Air Force Base, Texas on 2 May 1965 and was subsequently transferred to Fort Hood, Texas.  

On 13 May 1965 he underwent a psychiatric evaluation at Fort Hood where he informed the examining psychiatrist that he went AWOL in order to manipulate a discharge because he did not like the Army anymore and wanted out.  He also indicated that he wanted out because he had been kicked out of Special Forces training and that he would continue to go AWOL if he was returned to duty.

He was convicted by a special court-martial on 26 May 1965 of being AWOL from 4 March to 1 May 1965.  He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.

The facts and circumstances surrounding the applicant’s discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant which shows that he was discharged under other than honorable conditions on 17 June 1965, under the provisions of Army Regulation 635-208 for unfitness due to his frequent involvement in incidents of a discreditable nature with civil and military authorities.  He had served 1 year, 8 months and 29 days of active service during his current enlistment and had 144 days of lost time due to AWOL and confinement.

At the time of his discharge he signed an acknowledgement that he had read and understood the letter provided to him in regards to the provisions for applying to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.  However, there is no indication in the available records to show that he ever applied to that board.

The supporting letter submitted by the applicant is from a third party and indicates that in the 15+ years she has known the applicant he has demonstrated that he is an honest, caring and upright citizen. 

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.  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.  In the absence of evidence to the contrary, it must be presumed that 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.

3.  Accordingly, the type of discharge directed and the reasons therefor were appropriate considering all of the available facts of the case.
4.  The applicant’s contentions have been noted by the Board.  However, given his otherwise undistinguished record of service during a short period of time, they are not sufficiently mitigating to warrant an upgrade of his discharge. 

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

___js  ___  ___ra___  __mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049964	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/27	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1965/06/17	
DISCHARGE AUTHORITY	AR635-208 	
DISCHARGE REASON	UNFITNESS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.