MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 July 2001                   
	DOCKET NUMBER:   AR2001058536

	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. Mark D. Manning		Chairperson	
	Mr. Lester Echols		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 general discharge be upgraded to honorable.

APPLICANT STATES:  That he was very immature.  If he had the chance to do it over, he would do it right.  He provides his Report of Transfer or Discharge,      DD Form 214, as supporting evidence.

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

He was born on 28 April 1951.  He enlisted in the Regular Army on 19 August 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 64A (Light Truck Driver).

On 7 February 1970, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) from 31 January – 1 February 1970.

On 3 March 1970, the applicant was convicted by a summary court-martial of four specifications of absenting himself from his place of duty.  He was sentenced to forfeit $50 pay and to be restricted for 30 days.  

The applicant’s Enlisted Qualification Record, DA Form 20, shows that he was AWOL from 24 October – 17 November 1970.

On 19 November 1970, the applicant underwent a psychiatric evaluation.  The examining psychiatrist noted that the applicant had received a rehabilitative transfer within the company and had been counseled numerous times but that the applicant related he did not care what happened and he just wanted to be free.  He was diagnosed as an immature personality, passive-aggressive type, manifested by a negative attitude towards authority figures, impaired stress tolerance, lack of insight, impaired judgment, and impaired impulse control.  He was psychiatrically cleared for any administrative action deemed appropriate by his command.

On 23 November 1970, the company commander initiated separation action under Army Regulation 635-212 for unsuitability because of character and behavior disorders as manifested by his disrespect of authority and need for constant disciplinary action.  

On 2 December 1970, the applicant completed a separation physical.  He was found qualified for separation.  

On 4 December 1970, the applicant was advised by counsel of the basis for the contemplated action.  He waived his right to consideration of his case by a board of officers; waived personal appearance before a board; and waived representation by counsel.  He elected not to make a statement in his own behalf. 

On 9 December 1990, the appropriate authority approved the request and directed issuance of a General Discharge Certificate.

On 30 December 1970, the applicant was discharged with a general under honorable conditions discharge under the provisions of Army Regulation        635-212 for unsuitability.  He had completed 1 year, 3 months, and 15 days of creditable active service and had 27 days of lost time.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  The regulation provided, in pertinent part, that members were subject to separation for unsuitability for inaptitude, character and behavior disorders, apathy (lack of appropriate interest), defective attitudes, 
and inability to expend effort constructively, alcoholism, and enuresis.  A general under honorable conditions characterization of service was normally 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 Board is cognizant of the applicant’s young age at the time of his enlistment.  However, the Board also recognizes that thousands of soldiers who enter the Army at 18 years of age go on to successfully complete their enlistments.  Considering the applicant’s record of service, it would not be equitable to upgrade his discharge to fully 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

__mdm___  __le____  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058536	
SUFFIX		
RECON		
DATE BOARDED	20010719	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19701230	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A40.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.