MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 April 2002      
	DOCKET NUMBER:   AR2002067610

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		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:  That his undesirable discharge be upgraded to honorable.    

APPLICANT STATES:  In effect, that he had inadequate counsel at the time of his discharge and that with counsel he would have stayed in the Army.  He contends that he was 18 years old and that his mother was dying at the time.  He also contends that he has had no trouble since 1957.  

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

The available records do not contain a DD Form 214 (Report of Transfer or Discharge).  However, the applicant’s Certification of Military Service shows that he entered active duty in the Army of the United States on 4 February 1957.

The facts and circumstances surrounding the applicant’s discharge are not contained in the available records.  However, separation orders, dated
9 December 1957, indicate the applicant was discharged from military service and issued an undesirable discharge under the provisions of Army Regulation 635-208, separation program number 488 (undesirable habits and traits) on 
10 December 1957.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character.  The regulation provided for the separation of personnel who:  
(1) gives evidence of an antisocial or amoral trend, chronic alcoholism, drug addiction, pathological lying, or misconduct; (2) possesses unclean habits; 
(3) repeatedly commits petty offenses not warranting trial by court-martial; 
(4) is a habitual shirker; (5) is recommended for discharge by a disposition or other board of medical officers because he possess a psychopathic (antisocial) personality disorder or defect, or is classified as having “no disease” by the board, and his record of service reveals frequent disciplinary actions because of infractions of regulations and commission of offenses, or it is clearly evident his complaints are unfounded and are made with the intent of avoiding service; or 
(6) demonstrates behavior, participation in activities, or associations which tend to show that he is not reliable or trustworthy.  The regulation also provided that when discharged because of undesirable habits or traits of character an Undesirable Discharge Certificate will be furnished. 

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 noted the applicant’s contentions.  However, in the absence of evidence to the contrary, it must be presumed that the applicant’s separation under the provisions of Army Regulation 635-208 was administratively correct and in conformance with applicable regulations.

2.  Accordingly, the type of discharge directed and the reasons appear to be appropriate.
 
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

INW____  MMD____  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002067610	
SUFFIX		
RECON		
DATE BOARDED	20020416	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19571210	
DISCHARGE AUTHORITY	AR 635-208  	
DISCHARGE REASON	Undesirable habits and traits	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.