MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           11 September 2001
	DOCKET NUMBER:   AR2001055610

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway 		Member	
	Mr. Donald P. Hupman, Jr.		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 (UD) be upgraded.

APPLICANT STATES:  That he was young and newly married; that he and his wife lost their first child; that his father passed away.  He adds that he is now a grown man with 3 children and 5 grandchildren.

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

He was born on 29 September 1944 and enlisted in the Regular Army for 3 years on 28 August 1964.  He was assigned to Fort Jackson, South Carolina for Basic Combat Training, but he went AWOL (absent without leave) from 21 September to 29 October 1964 and did not complete the training.  He was apprehended by civil authorities, returned to military control, and placed in pre-trial confinement pending trial by court-martial.

The applicant was tried by a special court-martial on 2 December 1964 and convicted of being AWOL for the above period of time.  He was sentenced to be confined at hard labor for 2 months and to forfeit $25 per month for 2 months.

The applicant went AWOL again from 11-18 January 1965.  Upon his return, he was placed in confinement from 19-27 January 1965.  He was released on 28 January 1965 and immediately went AWOL through 2 March 1965.  He was again placed in confinement on 3 March 1965.  On 12 March 1965, he escaped from confinement and was AWOL through 25 April 1965.  On 26 April 1965, he was returned to confinement.

Court-martial charges were preferred against the applicant and he was tried by a special court-martial on 18 May 1965.  In accordance with his pleas of guilty, he was found guilty of AWOL and escape from confinement and sentenced to confinement at hard labor for 6 months and forfeiture of $25 per month for 6 months.

On 10 May 1965, the applicant underwent a mental status evaluation.  He related that he went AWOL because of "domestic problems" and would continue to go AWOL, as he was not motivated to return to duty.  He was found to be free of mental disease or defects, but diagnosed with an emotional instability reaction manifested by excitability and ineffectiveness when confronted with stress.  The Chief of Mental Hygiene recommended that the applicant be administratively separated.

On 18 May 1965, the applicant was notified that he was being recommended for separation with a UD for unfitness under the provisions of Army Regulation 635-208.  He acknowledged notification and waived all of his rights.  He did not submit a statement in his own behalf.  On or about 24 May 1965, the approving authority approved the applicant's separation and directed issuance of a UD.

The applicant was separated with a UD on 30 June 1965.  He had 1 month and 28 days of creditable service and 245 days of lost time due to AWOL and confinement.  He was 20 years, 9 months of age at the time of his separation.

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, in pertinent part, that members found to be unfit for further military service, and without rehabilitative potential, would be separated.  A UD 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 was 1 month shy of his 20th birthday when he enlisted; there is no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.

3.  At his mental status evaluation, the applicant did not mention that his wife had miscarried or that his father had passed away.  Even if these things had occurred, the applicant had many legitimate avenues through which to obtain assistance or relief without committing the misconduct that led to the separation action under review.

4.  The applicant is congratulated on his post-service achievements and conduct; however, these accomplishments do not provide the Board a basis upon which to grant relief.

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

__CLA __  __CLG __  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001055610	
SUFFIX		
RECON		
DATE BOARDED	20010911	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19650630	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A50.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.