MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 August 2001                   
	DOCKET NUMBER:   AR2001056910

	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. Walter T. Morrison		Chairperson	
	Mr. Joe R. Schroeder		Member	
	Mr. Ronald E. Blakely		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 under other than honorable conditions (UOTHC) be upgraded to a general discharge under honorable conditions or that his discharge be changed to a hardship discharge.

APPLICANT STATES:  That he was 18 years old and had just gotten married in August 1960.  His wife was pregnant, very sick and staying with his parents.  There was no heat or air conditioning in the room she was staying in.  He felt like he had to be with her.  He could not see past his own hardship.  He never stopped regretting his poor judgment.  He provides his Report of Transfer or Discharge, DD Form 214, and two letters dated 8 March 2001 and 13 March 2001 from his neurosurgeon describing his current medical problems as supporting evidence.

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

He was born on 14 October 1941.  He enlisted in the Regular Army on 29 July 1959.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 152.10 (Field Artillery Operator and Intelligence Assistant).

On 27 January 1960, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 2 to 31 December 1959.  He was sentenced to confinement at hard labor for 6 months, suspended, to forfeit $50.00 pay for 6 months, and to be reduced to the lowest enlisted grade.

On 7 December 1960, the applicant received a psychiatric evaluation.  He was found to be able to distinguish right from wrong and to adhere to the right and to have the capacity to understand and participate in any board proceedings contemplated.  During the interview by the social work technician, the applicant indicated that he departed AWOL 24 August 1960 out of disgust.  He wanted out so he could “have a future of…own, support…wife, and get a job and a place of …own.”  He “got fed up with everything” and he “wanted to get out of the Army.”  His wife and parents tried to get him to go back to his unit but “once…had a little bit of freedom …wanted all …could get.”  He indicated that he departed AWOL in December 1959 because he did not like the artillery unit he was in.  

On 20 December 1960, the applicant was convicted by a special court-martial of being AWOL from 23 August – 27 November 1960.  He was sentenced to confinement at hard labor for 6 months, to forfeit $50.00 pay for 6 months, and to be reduced to the lowest enlisted grade.  

The applicant’s commander recommended he be discharged under the provisions of Army Regulation 635-208 for unfitness.  The applicant waived his right to counsel, waived his right to have his case heard by a board of officers, and elected not to submit a statement in his own behalf.
The applicant completed a separation physical and was found qualified for separation.

On 20 March 1961, the appropriate authority approved the recommendation and directed the applicant receive an Undesirable Discharge Certificate.

On 30 March 1961, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness with an undesirable, discharge UOTHC.  He had completed 11 months and 24 days of creditable active service and had 248 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 6 March 1968, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.

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.

3.  The Board notes that the applicant’s first period of AWOL occurred before he married.  The Board also notes that during his second period of AWOL his wife tried to convince him to return to the Army.  While the applicant entered the Army at a young age, the Board is cognizant of the fact that many soldiers enter the Army at 17 or 18 years of age and successfully complete their tours of service.

4.  The Board is empathetic with the applicant’s medical problems; however, this is 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

__wtm___  __jrs___  __reb___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056910	
SUFFIX		
RECON		
DATE BOARDED	20010814	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19610330	
DISCHARGE AUTHORITY	AR 635-208 	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.