MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 November 2001                  
	DOCKET NUMBER:   AR2001061082

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Curtis L. Greenway		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 under other than honorable conditions discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That he has recently found out that the reason for his undesirable behavior was due to the physical and sexual abuse he suffered as a child.  He states that he is ashamed of how he acted as a teenager and hopes that the Board will consider this when deciding to overturn the status of his discharge.

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

The applicant entered active duty on 13 January 1967 and completed training as an equipment operator, and served in Okinawa from 17 July 1967 through 16 March 1969.  

On various occasions between June 1967 and October 1967, the applicant received four nonjudicial punishments for failing to obey a lawful order, for disobeying a lawful order, for violating a lawful general regulation, and for failing to go to his appointed place of duty.

On 3 January 1969, he was convicted by a special court-martial of wrongfully appropriating a U.S. Government truck and two specifications of AWOL for a total of 36 days.  He was sentenced to confinement at hard labor for six months and forfeiture of $70.00 pay per month for six months.  The unexecuted portion of the sentence pertaining to confinement at hard labor for six months was suspended for two months.

On 25 January 1969, the applicant underwent a psychiatric evaluation.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right, and had the mental capacity to understand and participate in board proceedings.

After consulting with counsel, the applicant waived his rights to a personal appearance before a board of officers and representation by counsel and elected not to submit statements in his own behalf.  He also acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration if a discharge under other than honorable conditions were issued.

On 20 February 1969, the unit commander recommended that the applicant be discharged from the service prior to his expiration term of service under the provisions of Army Regulation 635-212, for unfitness based on frequent incidents of discreditable nature with civil or military authorities.  

The separation authority approved the recommendation for discharge and directed that he be furnished an Undesirable Discharge Certificate.  The applicant was discharged on 16 March 1969.  He had a total of 1 year, 11 months and 25 days of creditable service with 69 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 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  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.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

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 discharge directed and the reasons for his separation were appropriate considering all the facts of the case.

4.  In view of the applicant's numerous acts of indiscipline, it does not appear that his undesirable discharge was too severe.

5.  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.

6.  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____  AAO____  CLG_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001061082	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011101	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.