MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 May 2002
	DOCKET NUMBER:   AR2002067641

	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. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, Jr.		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 more favorable discharge.

APPLICANT STATES:  In effect, that his discharge should be upgraded because he was an alcoholic and was not helped in any form.  He has now gone 20 years without drinking and desires to have his discharge upgraded.

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

He enlisted in Cleveland, Ohio on 5 September 1958 for a period of 3 years.  He successfully completed his basic combat training at Fort Knox, Kentucky and was transferred to Fort Bragg, North Carolina on 25 November 1958. He was advanced to the rank of private first class on 8 May 1959.

He was convicted by a summary court-martial on 6 July 1960 of being absent without leave (AWOL) from 20 June to 26 June 1960.  He was sentenced to a forfeiture of pay and restriction.

He was convicted by a summary court-martial on 18 October 1960 of being AWOL from 5 October to 12 October 1960.  He was sentenced to a forfeiture of pay and restriction.

On 13 February 1961, he was again convicted by a summary court-martial of being AWOL from 23 January to 25 January 1961.  He was sentenced to confinement at hard labor for 30 days and a forfeiture of pay.

The facts and circumstances surrounding his discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214), which is signed by the applicant and shows that he was discharged under other than honorable conditions on 28 March 1961, under the provisions of Army Regulation 635-208, for unfitness, based on his involvement in frequent incidents of a discreditable nature with civil and military authorities.  He had served 2 years, 5 months and 6 days of total active service and had 48 days of lost time due to AWOL and confinement.

There is no indication in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 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 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.  

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 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.

2.  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.

3.  Accordingly, the type of discharge directed and the reasons therefore were appropriate, considering all of the available facts of the case.

4.  The applicant’s contentions have been noted by the Board.  However, given his otherwise undistinguished record of service, they are not sufficiently mitigating to warrant an upgrade of 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

__dh____  ___kan __  __mhm__  DENY APPLICATION

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

INDEX

CASE ID	AR2002067641	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/14	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1961/03/28	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.