MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            25 April 2002
	DOCKET NUMBER:   AR2002066638

	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:

	Ms. Joann Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		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.

APPLICANT STATES:  That he was unjustly discharged and was 3 months before the end of his tour.  He contends that he was only 17 years old and the people he was with turned him into a drunk.  The applicant did not provide any documents in support of his application.

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

The applicant enlisted in the Regular Army on 31 May 1960 for a period of 3 years.  He successfully completed basic and advanced individual training and served a tour in Germany.  He was advanced to specialist four in April 1962.

The applicant's personnel records contain an Army Discharge Review Board (ADRB) OSA Form 172A, dated 21 November 1966.  This document shows the applicant received three nonjudicial punishments during the period September 1961 and 30 November 1962, for disorderly conduct, missing bed check and failing to report to reveille formation.  

On various occasions between 14 December 1961 and 14 December 1962, the applicant was convicted by six summary courts-martial of being absent from his unit, failing to go to his appointed place of duty, possessing intoxicating beverages in the billets, and breaking restriction.  

The applicant underwent a psychiatric evaluation on 12 October 1962 and was diagnosed as having no psychiatric disease. 

On 13 October 1962, the applicant was counseled and notified by his unit commander of initiation of separation action under the provisions of Army Regulation 635-208, for unfitness.  The unit commander cited as the reasons for the proposed separation as the applicant’s repeated acts of misconduct and violation of regulations, thereby bringing discredit upon the Army.  The applicant requested a hearing by a board of officers and did not submit a statement in his own behalf.  He was advised that he may be discharged with an undesirable discharge as a result of the action recommended and was advised of the effects of this discharge.  

The applicant appeared before a board of officers under the provisions of Army Regulation 635-208 on 12 December 1962 with military counsel.  The board of officers recommended that the applicant be discharged because of unfitness with an Undesirable Discharge Certificate.

The separation authority approved the separation on 22 January 1963 and directed that the applicant be issued an Undesirable Discharge Certificate.
Accordingly, the applicant was discharged on 11 February 1963 under the provisions of Army Regulation 635-208, for unfitness due to frequent incidents of a discreditable nature with civil or military authorities.  At the time of his discharge, he had completed 2 years, 5 months and 8 days of creditable service. He had 96 days of lost time due to confinement.

On 7 September 1966, the applicant applied to the ADRB for an upgrade of his discharge to honorable.  The ADRB determined that the applicant’s discharge was proper and equitable and voted to deny the applicant’s request.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  Section II of the regulation provided, in pertinent part, for the separation of personnel for frequent incidents of a discreditable nature with civil or military authorities.  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 Board considered the applicant's contention that he was unjustly discharged.  However, the applicant's administrative separation was accomplished in compliance with applicable regulations at that time with no indication of procedural errors which would tend to jeopardize his rights.

2.  The Board also considered the applicant's remaining contentions; however, these factors are not sufficiently mitigating to warrant an upgrade of his discharge.

3.  Records show the applicant was convicted by six summary courts-martial and received three nonjudicial punishments during his military career.

4.  In view of the applicant’s acts of indiscipline, it does not appear that his undesirable discharge was too severe.  Alcohol abuse does not excuse misconduct.

5.  Based on the foregoing, there is no basis for granting an upgrade in this case.

6.  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.

7.  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

JL______  GDP_____  CG______  DENY APPLICATION

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

INDEX

CASE ID	AR2002066638	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020425	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19630211	
DISCHARGE AUTHORITY	AR635-208  	
DISCHARGE REASON	Unfitness - frequent incidents of a discreditable nature with civil or military authorities	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.