MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 June 2002
	DOCKET NUMBER:   AR2002068913

	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. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg		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:  The applicant offers no evidence or argument of error or injustice in his application.

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

He was born on 28 March 1944 and enlisted in Charlotte, North Carolina, on 16 July 1963, for a period of 3 years and assignment to Europe.  He successfully completed his training and was transferred to Germany on 5 December 1963, for duty as a cannoneer.

His records show that during the period of 4 January 1964 through 18 February 1966, nonjudicial punishment was imposed against him on six occasions for offenses ranging from being absent from his place of duty, being drunk and disorderly, disobeying a lawful order from a superior commissioned officer, and destruction of government property.

He was also convicted by one summary court-martial and two special           court-martials for disobeying a lawful command to report for kitchen police, being disrespectful towards a superior noncommissioned officer, behaving with disrespect towards a superior commissioned officer, being absent without leave, and wrongful appropriation of a 2½ ton truck.

His records also show that he was rehabilitatively transferred to another unit in May 1964 and that he was barred from reenlistment in July 1965.

On 7 December 1965, the applicant was notified by his commander that action was being initiated to separate him from the service under the provisions of Army Regulation 635-208, for unfitness, due to his frequent involvement in incidents of a discreditable nature with civil and military authorities.  The commander cited as the basis for his recommendation, the applicant’s disciplinary record, his failure to respond to numerous counseling sessions and his willful disregard for compliance with accepted standards and regulations.  The applicant elected to decline the assistance of counsel, appearance before a board of officers and the opportunity to submit a statement in his own behalf.

The commander initiated the recommendation and the appropriate authority (a major general) approved it on 25 January 1966 and directed that he be furnished an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 21 March 1966, under the provisions of Army Regulation 635-208, for unfitness, due to frequent involvement in incidents of a discreditable nature with civil and military authorities.  He had served 2 years, 2 months and 1 day of total active service and had 185 days of lost time due to being absent without leave and confinement.

There is no evidence in the available records to show that the applicant 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.  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.  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

___fe ___  __ra ____  ___hbo__  DENY APPLICATION

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

INDEX

CASE ID	AR2002068913	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/11	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1966/03/21	
DISCHARGE AUTHORITY	AR635-208 	
DISCHARGE REASON	unfit	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/a51.00	
2.		
3.		
4.		
5.		
6.