MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  18 December 2001
	DOCKET NUMBER:  AR2001060853

	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	
	Mr. Jose A. Martinez		Member	
	Mr. Thomas Lanyi		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 be upgraded to an honorable discharge.

APPLICANT STATES:  That at the time of discharge, he did not have a court- martial and he wanted to remain in the service.  He was absent without leave (AWOL) but that was all.  He did serve in the Airborne as a volunteer and was on hazardous duty status.  He was hospitalized in basic training with pneumonia and still has chest problems.

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

That he enlisted in the Regular Army on 18 October 1963, for a 3 year term of service.  After completing basic training and Airborne training, he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 325th Infantry, at Fort Bragg, North Carolina, on 11 April 1964, as a heavy weapons infantryman.  He was advanced to private first class (PFC) on 15 July 1964.  
On 1 December 1964, he was honorably discharged to reenlist.

He reenlisted on 2 December 1964, for a 3 year term of service.  He was reassigned to HHC, 1st Battalion, 22nd Infantry, at Fort Lewis, on 5 February 1965, as a heavy weapons infantryman.

The applicant was AWOL from 4-7 February 1965, for which he was punished under Article 15, Uniform Code of Military Justice (UCMJ), by reduction to private, pay grade E-2, and forfeiture of $15.  He was again AWOL from 
12-14 February 1965, for which he was punished under Article 15, UCMJ, by forfeiture of $10 and 14 days restriction and extra duties.  He was again AWOL from 17 April 1965 to 11 May 1965, and declared a deserter.  On 9 June 1965, he was convicted for the AWOL by a special court-martial that sentenced him to confinement for 3 months, forfeiture of $165, and reduction to private, pay grade E-1.  He was confined in the Fort Lewis Stockade.  On 22 June 1965, the confinement was suspended and the applicant was returned to duty.  On 28 June 1965, the applicant was again AWOL through 12 July 1965.  His confinement suspension was vacated on 14 July 1965, and the remainder of the 3 month confinement was imposed.  On 18 August 1965, he was convicted for the 
28 June 1965 through 12 July 1965 AWOL by a special court-martial that sentenced him to confinement for 6 months and forfeiture of $450.  He was confined in the Fort Lewis Stockade.

On 20 September 1965, the applicant was discharged in the pay grade E-1, under other than honorable conditions as a result of board action under the authority of Army Regulation 635-208, separation program designator 28B, unfitness-frequent involvement of a discreditable nature with civil or military authorities.  For his second enlistment, he was credited with 3 months and 
27 days service and 172 days lost.
Army Regulation 635-208 (Personnel Separations, Discharge, Unfitness), in effect at the time of the applicant’s discharge, authorized discharge for frequent incidents of a discreditable nature with civil or military authorities.  Paragraph 16 directs an undesirable discharge (under other than honorable conditions) for unfitness.

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’s undesirable discharge under other than honorable conditions for unfitness – frequent incidents of a discreditable nature with civil or military authorities, was correct and just under the circumstances of being AWOL on 
five different occasions totaling 73 days, desertion, two Article 15 punishments, two convictions by special court-martials, and two confinements between 
4 February 1965 and 20 September 1965.  There is no evidence of any error or injustice.

2.  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___  __jm____  ___tl___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060853	
SUFFIX		
RECON		
DATE BOARDED	20012118	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19650920	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	Unfitness-frequent involvement of discreditable nature with military authorities	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110 – Discharge Documents	
2.		
3.		
4.		
5.		
6.