MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 March 2001                   
	DOCKET NUMBER:   AR2001052894

	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. Nancy Amos		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 discharge be upgraded to honorable.

APPLICANT STATES:  The applicant makes no further statement and provides no supporting evidence.

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

He enlisted in the Regular Army on 25 March 1959.  He was honorably discharged on 12 November 1959 for the purpose of immediately reenlisting on
13 November 1959.  He was honorably discharged on 10 July 1962 for the purpose of immediately reenlisting on 11 July 1962.   

On 20 March 1963, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for failing to obey a lawful order.

On 23 October 1963, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) from 16 to on or about 18 October 1963.  

On 16 March 1964, the applicant was convicted by a summary court-martial of being AWOL from 8 December 1963 to on or about 6 January 1964, from 17 to on or about 31 January 1964, and from 5 to on or about 11 February 1964.  He was sentenced to confinement at hard labor for 30 days and to forfeit $46.00 pay. 

On 18 March 1964, the applicant completed a separation physical and was found qualified for separation.

On 23 March 1964, the applicant’s commander recommended he be separated under the provisions of Army Regulation 635-208 for unfitness.  He cited as the reason the applicant’s unwillingness to conform to military standards after being given every opportunity to become a competent soldier.  

On 26 March 1964, the applicant received a mental status evaluation.  He was found to be mentally responsible, both to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in the board proceedings.  

On 27 March 1964, after being advised of the basis for the recommended action, the applicant waived his right to a hearing by a board of officers and elected not to submit a statement in his own behalf.

On 20 April 1964, the appropriate authority approved the recommendation and directed the applicant receive an Undesirable Discharge Certificate.

On 6 May 1964, the applicant was discharged, with an undesirable discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness.  He had completed a total of 4 years,    10 months, and 18 days of creditable active service and had 84 days of lost time. 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following:  frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.

On 14 October 1981, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.  He stated in his application to the ADRB that he wished his last period of duty be changed to honorable to conform with his duty performance from 25 March 1959 to 10 July 1962 so he could be entitled to VA benefits.

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's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  His prior good military service was recognized with two honorable discharges for his service between 25 March 1959 and 10 July 1962; however, his service during his last enlistment does not warrant upgrading his discharge to honorable.  

3.  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

__rwa___  __alr___  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2001052894	
SUFFIX		
RECON		
DATE BOARDED	20010327	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19640506	
DISCHARGE AUTHORITY	AR 635-208 	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.