MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 March 2001                             
	DOCKET NUMBER:  AR2001051315

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. John T. Meixell		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:  No contentions submitted.

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

On 11 June 1968, the applicant enlisted in the Regular Army, for 3 years. 

On 25 June 1968, while in basic combat training, the applicant accepted nonjudicial punishment (NJP), under Article 15, Uniform Code of Military Justice (UCMJ), for leaving his appointed place of duty without proper authority.  His imposed punishment was a forfeiture of $20.00 pay, 14 days restriction and extra duty. 

On 23 July 1968, the applicant was convicted by a summary court-martial of breaking restriction and of disobeying a lawful order.  He was sentenced to a forfeiture of $68.00 pay and confinement at hard labor for 30 days.  The confinement at hard labor and the forfeiture in excess of $50.00 pay per month for one month was suspended for 30 days unless the suspension was sooner vacated, the suspended portion of the sentence was remitted without further action.

On 16 October 1968, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 7 to 19 August 1968, of breaking restriction and the wrongful use with the intent to deceive, another’s identification card.  He was sentenced to a forfeiture of $68.00 pay per month for 6 months and confinement at hard labor for 6 months.    

The applicant’s military record indicates that the applicant was counseled on numerous occasions for his unsatisfactory duty performance and for his negative attitude toward military life.  

On 3 October 1968, the applicant was diagnosed as having a Passive-Aggressive Personality Disorder, Severe.  He had no disqualifying mental or physical defects sufficient to warrant disposition through medical channels.  He was considered mentally competent to participate in board proceedings.

On 28 October 1968, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-212, for unfitness.  The commander’s recommendation was based on the applicant’s frequent incidents of a discreditable nature with military authorities.  The applicant was advised by legal counsel of the basis for the contemplated separation action and the rights available to him, he waived consideration, personal appearance, and representation before a board of officers.
On 16 November 1968, the Commanding General approved the recommendation, waived further rehabilitation requirements and directed the issuance of a discharge under the provisions of Army Regulation 635-212, for unfitness with an Undesirable Discharge Certificate. 

On 20 November 1968, the applicant was discharged in pay grade E-1, under the provisions of Army Regulation 635-212, for unfitness, with a discharge UOTHC.  He had completed 2 years, 4 months and 4 days of creditable active service.  

Army Regulation 635-212, in effect at the time set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a (1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  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.  The applicant declined counsel, waived his right to a hearing before a board of officers, and acknowledged that he understood the effects of a discharge UOTHC.

3.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

4.  Therefore the type of discharge directed and the reasons were appropriate considering all the facts of the case.

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

__jh____  __dph___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051315	
SUFFIX		
RECON		
DATE BOARDED	20010313	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19681120	
DISCHARGE AUTHORITY	AR635-212 .  .  .  .  .  	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.5000	
2.		
3.		
4.		
5.		
6.