MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  29 March 2001
	DOCKET NUMBER:  AR2000050774

	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. John N. Slone		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Lester Echols		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:  That he served from 1954 to 1956 and was discharged with a good record in 1959 (sic 1958).  In support of his application he submits a copy of his DD Forms 214 (Report of Transfer or Discharge).

EVIDENCE OF RECORD: The applicant's military records show he enlisted in 
the Tennessee Army National Guard (TNARNG) on 14 July 1953 as a food service specialist and continued to serve until he was honorably discharged on 16 September 1954.  He enlisted in the Regular Army on 29 September 1954 as an armor basic.  He continued to serve until he was honorably discharged on 19 September 1956 and was transferred to the USAR.  He reenlisted on 24 March 1958 as a radio-relay carrier operator.

The applicant’s records contain a DA Form 24 (Service Record) covering the period from 24 March 1958 to 10 February 1961 which shows that the applicant departed AWOL from 6  to 8 March 1959 (3 days), 3 August 1959 (1 day), from 19 to 24 October 1959 (6 days), from 17  to 19 January (3 days), and from 24 to 25 January 1961 (2 days).  

He was convicted by one summary and two special courts-martial of five specifications of wrongful appropriation of funds, of failure to go to his appointed place of duty, and of being AWOL form 5 September 1960 to 10 October 
1960 (35 days).  His punishment consisted of a forfeiture of pay, confinement, and a reduction to the pay grade of E-1.

On 27 December 1960, 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 acts of misconduct which included one summary and two special courts-martial.  After consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.

On 3 February 1961, the appropriate authority approved the recommendation 
for discharge and directed that he be furnished an Undesirable Discharge Certificate.  The applicant was discharged on 10 February 1961.  He had a total 
of 6 years, 11 months, and 23 days of creditable service and had 206 days of lost time due to AWOL and confinement.

The applicant applied to the Army Discharge Review Board (ADRB) on 30 January 1964 for an upgrade of his discharge.  The ADRB determined that his discharge was proper and denied his request on 18 May 1964.

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 notes the applicant’s contentions that he served from 1954 to 1956 and was discharged with a good record in 1958.  However, during his period of service from 24 March 1958 to 10 February 1961, he received one summary and two special courts-martial for acts of misconduct and went AWOL on several occasions.  

2.  There is no evidence in the available records, or provided by the applicant, to show that his discharge was unjust and should be upgraded.

3.  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.  

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

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

__js___  ___cp___  __le______  DENY APPLICATION

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

INDEX

CASE ID	AR2000050774	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010329	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19610210	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.