MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 August 2001
	DOCKET NUMBER:   AR2001056270

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Fred N. Eichorn		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 a more favorable discharge.

APPLICANT STATES:  That he went absent without leave (AWOL) because of family obligations.

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

He enlisted in Oakland, California on 12 April 1961 for a period of 3 years and training in automotive maintenance.  He was transferred to Fort Ord, California to undergo his training. 

On 28 September 1961, while undergoing his advanced individual training (AIT), he was convicted by a summary court-martial of being AWOL from 12 September to 25 September 1961.  He was sentenced to confinement at hard labor for 1 month (suspended for 1 month), reduction to the pay grade of E-1 and a forfeiture of pay.

He completed his AIT and was transferred to Germany on 14 November 1961, where he was assigned to an engineer company as a wheel vehicle mechanic.

On 31 March 1962 nonjudicial punishment was imposed against him for possession of an unauthorized pass.  His punishment consisted of a reduction to the pay grade of E-2.

On 4 May 1962, he was convicted by a summary court-martial of being drunk in public during curfew hours.  He was sentenced to confinement at hard labor for 1 month (suspended for 3 months), a reduction to the pay grade of E-1 and a forfeiture of pay. 

The applicant went AWOL on 1 October 1962, was apprehended by civil authorities in Arcata, California and remained absent until he was returned to military control at the Presidio of SanFrancisco on 25 November 1962.

He was convicted by a special court-martial on 3 December 1962 of being AWOL from 1 October to 25 November 1962.  He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.

The applicant underwent a psychiatric evaluation on 31January 1963 and was deemed to have no disqualifying mental or physical defects.  He was considered mentally competent and responsible for his actions.

On 15 February 1963 his commander initiated action to separate him from the service under the provisions of Army Regulation 635-208 for unfitness based on his frequent involvement in incidents of a discreditable nature with civil and military authorities.  The applicant was advised of his rights and elected to decline the assistance of counsel and not to submit a statement in his own behalf.

The appropriate authority (a lieutenant general) approved the recommendation on 1 March 1963 and directed that the applicant be furnished an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 8 March 1963, under the provisions of Army Regulation 635-208 for unfitness due to frequent involvement in incidents of a discreditable nature with civil and military authorities.  He had served 1 year, 5 months and 8 days of total active service and had 169 days of lost time due to AWOL and confinement.

There is no evidence in the available records to show 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 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities.  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.  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 violations or procedural errors which would tend to jeopardize his rights.

3.  Accordingly, the type of discharge directed and the reasons therefor were appropriate considering all of the available facts of the case.

4.  The applicant’s contentions have been noted by the Board.  However, given his otherwise undistinguished record of service during a short period of time, they are not sufficiently mitigating to warrant an upgrade of his discharge. 

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

__gw____  ___inw __  ___fe ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056270	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/09	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	1963/03/08	
DISCHARGE AUTHORITY	AR635-208/UNFIT	
DISCHARGE REASON	UNFITNESS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.