MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           13 AUGUST 2002                   
	DOCKET NUMBER:   AR2002068655

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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 records be corrected by upgrading his discharge.  

APPLICANT STATES:  That he was 18 years of age when he returned from Vietnam, and was not in his right state of mind.  The applicant submits no evidence in support of his request.

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

The applicant enlisted in the Regular Army on 31 December 1968 for a period of 2 years.  The applicant was born on 3 December 1950, and at the time of his enlistment he was 18 years of age.

On 31 December 1968, the applicant was convicted by a special court-martial of two specifications of being absent without leave (AWOL) from 1 October 1969 to 
7 November 1969, and from 18 November 1969 to 1 December 1969.  He was sentenced to confinement at hard labor for three months and a forfeiture.

On 22 April 1970, a medical examination cleared the applicant for separation.

On 24 April 1970, he was convicted by a special court-martial of being AWOL from 4 January 1970 to 4 April 1970.  He was sentenced to confinement at hard labor for six months and a forfeiture.

On 4 May 1970, the applicant’s unit commander notified him of his intent to separate him from military service under the provisions of Army Regulation 
635-212.  The basis for this action was the applicant’s two special courts-martial, his approximate 168 days of bad time due to AWOL and confinement, his lack of self-motivation and his negative attitude towards the military.

On 4 May 1970, a psychiatric evaluation determined that the applicant had no mental or physical disease or defect sufficient to warrant discharge through medical channels, and recommended he be separated under the provisions of Army Regulation 635-212.

On 6 May  1970, after consulting with legal counsel, the applicant waived consideration and appearance before a board of officers, legal representation and declined to submit statements on his own behalf.  He acknowledged that he understood his commander’s intent to separate him under the provisions of Army Regulation 635-212, and the possible ramifications of receiving a less than honorable discharge.

On 11 May 1970, the appropriate separation authority approved the applicant’s separation under the provisions of Army Regulation 635-212, and directed the issuance of an undesirable discharge. 

On 13 May 1970, the applicant was discharged under the above cited regulation, under conditions other than honorable.  His DD Form 214 indicates he had 
1 year of creditable service, and 173 days of lost time.

On 22 May 1985, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The applicant’s contention that he was young at the time is not sufficiently mitigating to warrant relief. 

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 that requirement.

4.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

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

__FNE_ _  __TSK_ _  __LEM __  DENY APPLICATION

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

INDEX

CASE ID	AR2002068655	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020813	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.