MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 July 2002                  
	DOCKET NUMBER:   AR2002067463

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Karen A. Heinz		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	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 opinions, if any).

APPLICANT REQUESTS:  In effect, that his discharge, under other than honorable conditions, be upgraded.

APPLICANT STATES:  In effect, that his problems arose from not being paid after about his third month of service.  He states that this led his command to punish him for not maintaining military standards even though he had no funds to do so.  He also states that he was told that after 6 months his discharge would automatically be upgraded but it wasn't.  This failure to grant him an upgrade in turn has led him to be unable to get decent post-service employment, which has left him unable to provide for himself. 

The applicant submits a newspaper article about the patriotic paint job on his truck which was done to show his pride in America and patriotic support following the September 11th attacks.  It states that in the 1960's he was in the music business and played "with Waylon (Jennings), with Willie (Nelson), with anybody in Nashville who was anybody."  When the music "gigs" started to dry up, he worked as a millwright but had to quit due to problems with an old leg injury from a car accident. 

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

The applicant entered active duty on 20 November 1958.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 620.00 (Engineering Equipment Maintenanceman). 

On 14 January 1959, a special court-martial found the applicant guilty of being absent without leave (AWOL) from 16 December 1958 through 3 January 1959.  The sentence included confinement for one month and forfeiture of $50 per month for one month, with the confinement being suspended.

A second special court-martial, on 24 April 1959, found him guilty of being AWOL from 16 March 1959 through 27 March 1959.  The sentence included confinement for three months and forfeiture of $25 per month for six months, three months of the forfeiture was suspended.

On 16 January 1960, the applicant received nonjudicial punishment (NJP) for being absent from his appointed place of duty.

Following the NJP action, the applicant's unit commander initiated discharge proceedings under the provisions of Army Regulation 635-208 for unfitness.  The applicant acknowledged receipt and waived his right to counsel, to request a hearing before a board of officers, and to submit a statement on his own behalf.

In concert with his discharge processing, the applicant was afforded physical examination and mental status evaluation (MSE).  The MSE, conducted 22 January 1960, described the applicant as having an antisocial personality manifested by life long difficulties with authority, impulsive behavior, and inability to benefit from experience.  He was found to be able to tell right from wrong and to adhere to the right.  He met the medical retention standards of Army Regulation 40-501 and was qualified for separation.

The discharge authority approved the recommendation for discharge, directed that the applicant be reduced to the lowest enlisted grade, and discharged under the provisions of Army Regulation 635-208 with an Undesirable Discharge Certificate.

The applicant was discharged on 29 February 1960 with an Undesirable Discharge Certificate.  He was shown to have had 1 year, 2 months, and 10 days of creditable service with 30 days lost due to AWOL. 

The record shows that the Army Discharge Review Board (ADRB) reviewed a 1961 request for an upgrade and denied the applicant any relief.  A 1963 request to the President for an upgrade was reviewed by the ADRB.  Again no relief was deemed to be warranted.  

Army Regulation 635-208, then in effect, set forth the policy and procedures for separation of enlisted personnel for unfitness.  Unfitness included repeated petty offenses/frequent incidents of a discreditable nature with military or civilian authorities.  Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.

Department of Defense Instruction 1332.28 (Standards for Discharge Review) specifically states that no factors should be established that require automatic change or denial of a change to any discharge.

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 Army does not, nor has it ever had, a policy to automatically upgrade discharges.  When an applicant submits a request to change a discharge, each case is decided on its own merits.  Change may be warranted if the Board determines that the characterization of service or the reason for discharge was in error and/or unjust.  

2.  The applicant has provided no evidence nor does the record support that he was improperly paid.  

3.  There is no evidence that the applicant was punished for any action except for being absent from his place of duty and his two periods of AWOL.  These offences are not shown to be related to any type of monetary problems.

4.  The Board notes the applicant's patriotic gesture, however, it finds this effort is of such a short duration and not so meritorious as to outweigh the offenses that led to his discharge.

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

__AAO__  __KAH__  ___TL ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067463	
SUFFIX		
RECON		
DATE BOARDED	20020730	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	144.00	
2.		
3.		
4.		
5.		
6.