MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 January 2002
	DOCKET NUMBER:   AR2001061667

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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:  In effect, that his undesirable discharge be upgraded to a general discharge.

APPLICANT STATES:  In effect, that he was placed in military confinement for relatively minor offenses and after having served 3 months, his second lieutenant asked him if he wanted out of the service under Army Regulation 635-209.  At the time he responded to the effect that he did want out and signed the papers, which subsequently turned out to be an undesirable discharge under Army Regulation 635-208.  Accordingly, he contends that his discharge was unjust because he was deceived into signing an incorrect discharge.

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

He enlisted in Detroit, Michigan on 26 November 1963 for a period of 3 years and assignment to Europe.  He successfully completed his basic training at Fort Knox, Kentucky and was transferred to Fort Gordon, Georgia to undergo his advanced individual training (AIT). 

On 26 February 1964, nonjudicial punishment (NJP) was imposed against him for being absent from his unit on 23 February 1964.  His punishment consisted of an oral reprimand.

He completed his AIT and was transferred to Munich, Germany for duty as a rifleman on 8 May 1964.

On 18 May 1964, NJP was imposed against him for being absent from bed check on 15 May 1964.  His punishment consisted of a forfeiture of pay, extra duty and restriction.

On 12 August 1964, NJP was imposed against him for having an unauthorized Liberty Pass in his possession.  His punishment consisted of restriction and extra duty.

On 24 September 1964, he was transferred to another unit in Augsburg, Germany for duty as a rifleman.

On 5 October 1964, NJP was imposed against him for being absent without leave (AWOL) from 3 October to 5 October 1964.  His punishment consisted of a reduction to the pay grade of E-2, a forfeiture of pay, extra duty, restriction, and an oral reprimand.

The applicant again had NJP imposed against him on 28 November 1964 for attempting to steal a part for a tank heater.  The punishment imposed is not present in the available records.

The applicant again went AWOL from 3 January to 13 January 1965 and upon his return to military control, it appears that he was subsequently placed in confinement on 19 January 1965.

Although the facts and circumstances surrounding his discharge are not present in the available records, the available records do show that his commander initiated action to separate the applicant from the service for unfitness under the provisions of Army Regulation 635-208, based on the applicant’s frequent involvement in incidents of a discreditable nature with civil/military authorities.  His company commander and battalion commander both recommended that the applicant receive an undesirable discharge.

After consulting with counsel on 12 March 1965, the applicant waived his right to appear before a board of officers or to submit matters in his own behalf.

The appropriate authority approved the recommendation for discharge on 20 March 1965 and directed that the applicant be furnished an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 9 April 1965, under the provisions of Army Regulation 635-208, for unfitness due to his involvement in frequent incidents of a discreditable nature with civil/military authorities.  He had served 1 year, 1 month and 29 days of total active service and had 77 days of lost time due to AWOL and confinement.

The applicant applied to the Army Discharge Review Board (ADRB) on 28 April 1975 contending that he had been coerced into signing the discharge by his company commander and was led to believe that he would receive at least a general discharge.  The ADRB determined that he had been properly discharged and denied his request on 10 September 1975.

A review of the applicant’s records shows that he had been incarcerated in civilian institutions at least once since his discharge.  The applicant signed a release of information regarding his military service to the Michigan Department of Corrections in 1971, in order to prepare him for return to society. 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities.  An undesirable discharge was normally considered appropriate.  

Army Regulation 635-209, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unsuitability when it was determined that it was unlikely that an individual would develop sufficiently to participate in further military training and/or become a satisfactory soldier.  An honorable or general discharge was authorized.

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 the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would tend to jeopardize his rights.  Accordingly, the type of discharge directed and the reasons therefor were appropriate considering all of the available facts of the case.

2.  The applicant’s contentions have been noted by the Board.  However, they are not supported by either the evidence submitted with his application or the evidence of record.  Therefore, given his otherwise undistinguished record of service, they are not sufficiently mitigating to warrant an upgrade of his discharge.

3.  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.

4.  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

___tsk __  ___jm ___  ___fe ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061667	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/10	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1965/04/09	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.