MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  9 August 2001
	DOCKET NUMBER:  AR2001056159

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Fred N. Eichorn		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 be upgraded.

APPLICANT STATES:  He believes his undesirable discharge to be in error and unjust for reasons brought to his attention that he did not realize before, when he was younger and afraid to do anything about it.  He enlisted in the Army with an agreement that he would go into the motor pool but it did not happen.  When he arrived at the induction center in Fort Jackson, South Carolina, he was told that they would put him where they wanted him because he belonged to Uncle Sam.  He was sent to the United States Army Southeast Signal School (USASESS), Fort Gordon.  This is why he did not want to stay in the Army and he felt that the Army broke its enlistment contract with him.

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

He enlisted in the Regular Army on 17 April 1968 at 22 years of age for a 2-year term of service.  His enlistment contract shows no enlistment options or contract for training in any specific Military Occupational Specialty (MOS).  The applicant signed in his own handwriting the 1AA Form 63 (Statement of Enlistment), statement of understanding, “That I have not been guaranteed technical school training, …I agree to accept any assignment in accordance with the needs of the Army and will complete the period for which I enlisted.”  He also wrote in his own hand writing, “No other promises have been made.”

He was Absent without Leave (AWOL) from Fort Gordon from 7-15 July 1968 
for which he was punished under Article 15, Uniform Code of Military Justice (UCMJ), by forfeiture of $10 and 14 days restriction and extra duty.

On 5 August 1968, he was assigned to the Student Brigade, USASESS, for training in MOS 31M, Radio Relay and Carrier Attendant.  On 4 September 1968, the applicant went AWOL and remained so for 28 days, until 2 October 1968, when he was placed in confinement at Quonset Point, Rhode Island, by the Navy Shore Patrol.  He was confined for 4 days.  He was returned to Fort Gordon where he as convicted for the AWOL by a special court-martial on 16 October 1968.  He was sentenced to reduction to pay grade E-1, to perform hard labor without confinement for three months, and forfeiture of $46 per month for three months.

On 12 November 1968, the applicant’s commander recommended him for an undesirable discharge for unfitness under the provisions of Army Regulation 635-212 (Discharge for Unfitness and Unsuitability) because of frequent incidents of a discreditable nature with military authorities.  The applicant was counseled and advised of his rights on 13 November 1968 by a Judge Advocate General Corps officer.  The applicant waived consideration by a board of officers, personal appearance before such a board, representation by counsel, and did not submit a statement in his own behalf.
Further counseling and rehabilitation were waived as having no further affect.  After careful consideration, the commanding general approved the undesirable discharge for unfitness on 13 December 1968.  The applicant was so discharged on 17 December 1968 with 6 months and 19 days service and 42 days lost.

Army Regulation 635-212 (Discharge for Unfitness and Unsuitability), in effect at the time, set forth the basic authority for the elimination of enlisted personnel.  Paragraph 6 of the regulation provided, in pertinent part, that an individual was subject to separation for unfitness because of frequent incidents of a discreditable nature with civil or military authorities.  When separation for unfitness was warranted 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 was properly and justly discharged under the circumstances.  There is no evidence of a breach of the enlistment contract.

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record.

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

__iw___  ___gw____  ___fe_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001056159	
SUFFIX		
RECON		
DATE BOARDED	20010809	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19681213	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144 – Administrative Discharge	
2.		
3.		
4.		
5.		
6.