MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 April 2001
	DOCKET NUMBER:   AR2001051897

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. George D. Paxson		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 general discharge be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that the type of discharge he received was too harsh considering the nature of his offenses.  He also states that he is overdue filing his appeal to this Board because he has been in prison for the last 25 years.

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

On 11 May 1972, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a cannoneer.  On 11 September 1972, he was promoted to the pay grade of E-2.

On 30 January 1973, he was honorably discharged for the purpose of immediate reenlistment.  He reenlisted in the Army for 4 years on 31 January 1973.

Nonjudicial punishment (NJP) was imposed against the applicant on 23 May 1973, for being absent without leave (AWOL) from 1 May until 21 May 1973.  His punishment consisted of 15 days in correctional custody.

On 31 October 1973, the applicant was convicted by a special court-martial of striking a noncommissioned officer (NCO).  His sentence consisted of confinement at hard labor, a reduction in pay grade and a forfeiture of pay.

On 1 February 1974, NJP was imposed against him for violating a general regulation by not having a pass authorizing him to be out of the unit area.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

On 15 February 1974, the applicant was notified that action to eliminate him from the Army under the provisions of Army Regulation 635-200, chapter 13 for unfitness had been initiated.  He acknowledged receipt of the notification and, after consulting with counsel, he requested consideration of his case before a board of officers.

A board of officers convened on 22 March 1974, to determine whether the applicant should remain in the service or be administratively separated.  The board found that he had demonstrated that he did not have the ability to expend efforts constructively in a normal military environment.  The board further found that he was unsuitable for military service because of inaptitude.  The board recommended that he be eliminated from the service for unsuitability with the issuance of a General Discharge Certificate.

The appropriate authority approved the recommendation for discharge on 28 March 1974.  Accordingly, on 1 April 1974, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 13 for unsuitability.  At the time of his separation he had completed a total of 1 year, 4 months and 
13 days of active service and had accrued 169 days of lost time due to AWOL.  

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-200, chapter 13 in effect at the time, established policy and provided guidance for eliminating enlisted personnel found to be unfit or unsuitable for further military service.  Action will be taken to separate an individual for unsuitability when it is clearly established that it is unlikely the he will develop sufficiently to participate in further military training and/or become a satisfactory soldier.

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 indication of procedural errors which would tend to jeopardize his rights.

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

3.  The evidence of record clearly shows that the applicant was convicted by a special court-martial of striking an NCO and he had NJP imposed against him twice for acts of misconduct which resulted in his having 169 days of lost time due to AWOL and confinement.  It does not appear that his general discharge was too harsh, as his service cannot be considered as completely honorable.

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

__ja ____  ___sw___  ___gp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051897	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/10	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1974/00/131	
DISCHARGE AUTHORITY	AR 635-300	
DISCHARGE REASON	547	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  556	144.4100.0000	
2.		
3.		
4.		
5.		
6.