MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  30 October 2001
	DOCKET NUMBER:  AR2001059210

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Arthur A. Omartian		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 general discharge.

APPLICANT STATES:  In effect, that he was denied leave to see his mother, that his court-martial was too harsh, and that he had a low education level and financial problems.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge).

EVIDENCE OF RECORD:  The applicant's military records show he enlisted 
on 26 January 1953, and continued to serve until he was honorably discharged on 27 July 1953, in order to reenlist.  He reenlisted on 28 July 1953, and continued to serve until he was honorably discharged on 27 July 1959.  He reenlisted on 28 July 1959.

He was convicted by one summary and two special courts-martial of failure 
to go to his prescribed place of duty, of being AWOL from 16 April to 25 May 1963 (39 days), and from 24 July to 18 August 1963 (26 days).  His sentences consisted of reduction to the pay grades of E-4, E-3, and E-1, restriction, and confinement at hard labor for 3 months.

On 8 July 1963, the applicant’s commander submitted a recommendation to separate the applicant from the service under the provisions of Army Regulation 635-208, for unfitness.  He cited as the basis for his recommendation the applicant’s attitude, AWOL offenses, and disciplinary record.  After consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.

The applicant underwent a psychiatric evaluation on 20 September 1963, 
which diagnosed him as having a passive aggressive reaction, chronic, severe, manifested by obstruction, passive resistance, and repeated AWOL.  The psychiatrist determined that he could distinguish right from wrong, possessed 
the mental capacity to participate in administrative or judicial proceedings, and that the applicant had no disqualifying mental defects sufficient to warrant disposition through medical channels.

The applicant underwent a separation medical examination on 24 September 1963, and was found qualified for separation.

On 5 October 1963, the appropriate authority approved the recommendation 
for discharge and directed that he be furnished an Undesirable Discharge Certificate.  The applicant was discharged on 30 October 1963.  He had a total 
of 10 years, 4 months, and 24 days of creditable service and had 133 days of lost time due to AWOL and confinement.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

Army Regulation 635-208, then in effect, set forth the policy for administrative separation for unfitness (misconduct).  Action to separate an individual was to be taken when, in the judgement of the commander, it was clearly established that rehabilitation was impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted, an undesirable discharge was normally issued.

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 Board notes the applicant’s contentions; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contentions or to show that his discharge was unjust and should be upgraded.
His education level and financial problems are not viewed as mitigating factors in his AWOL and subsequent discharge.

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 type of separation directed and the reasons for that separation were appropriate considering all of the available facts of the case.

4.  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.

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

__ca____  ___ho___  __ao____  DENY APPLICATION

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

INDEX

CASE ID	AR2001059210	
SUFFIX		
RECON		
DATE BOARDED	20011030	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19631030	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.