MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 March 2001
	DOCKET NUMBER:   AR2001051945

	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:

	Mr. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire		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 or a general discharge.

APPLICANT STATES:  That he could not perform his duties properly because he broke his tail bone while he was in the Army and lost all of his self-respect.

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

On 1 August 1972, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a mechanical maintenance helper.  He was promoted to the pay grade of E-2 on 1 December 1972 and E-3 on 1 June 1973.

Nonjudicial Punishment (NJP) was imposed against the applicant on 19 March 1974, for being absent from his unit from 4 March until 13 March 1974.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

He had NJP imposed against him on 28 May 1974, for failure to obey a lawful order.  His punishment consisted of a forfeiture of pay and extra duty.

On 1 August 1974, NJP was imposed against the applicant for three incidents of failure to go to his appointed place of duty; three incidents of being absent from his unit; two incidents of failure to obey a lawful order; two incidents of breaking restriction; and one incident of being absent from his place of duty.  His punishment consisted of a reduction from the pay grade of E-3 to pay grade E-1.

The applicant went absent without leave (AWOL) on 30 August 1974 and he remained AWOL until he surrendered to civil authorities and was returned to his unit on 19 September 1974.  

He underwent a physical and mental evaluation on 20 September 1974.  On the Report of Medical History the applicant indicated that he had been treated for a broken tailbone in November 1973, while he was in the Army.  The attending physician diagnosed him as being fit for duty without profile, responsible for his acts and qualified for separation.

On the same day, the applicant was notified that he was being recommended for elimination from the Army under the provisions of Army Regulations 635-200, chapter 13 for unfitness.  He acknowledged receipt of the notification and, after consulting with counsel, he waived his rights and he opted not to submit a statement in his own behalf.

On 3 October 1974, he was arrested and confined by civil authorities on a robbery warrant.  He returned to his unit on 21 November 1974, still pending trial by civil authorities.
The appropriate authority approved the recommendation for discharge on 5 December 1974.  Accordingly, on 13 December 1974, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 13 for unfitness based on frequent involvement in incidents of a discreditable nature with military authorities.  He had completed 2 years, 1 month and 14 days of total active service and he had approximately 90 days of lost time due to AWOL and confinement.  He was furnished an Undesirable Discharge Certificate.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unfitness.  Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense.  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 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 applicant’s contentions have been noted by the Board.  However, there is no evidence of records that supports his contention that he was unable to perform his duties.  The evidence of record clearly shows that he had NJP imposed against him on three separation occasions.  He was also arrested and confined by civil authorities on a robbery warrant.  The character of the discharge is commensurate with his overall record of service.

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

___alr___  ___gw___  ___ra____  DENY APPLICATION

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

INDEX

CASE ID	AR2001051945	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/27	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1974/12/13	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  592	144.5100.0000	
2.		
3.		
4.		
5.		
6.