MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2002
	DOCKET NUMBER:   AR2002069277

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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 discharge under other than honorable conditions (UOTHC) be upgraded to a good discharge.

APPLICANT STATES:  He makes no contentions.

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

On 29 July 1971, the applicant enlisted in the Regular Army for 2 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 94B20 (Cook).  The highest pay grade he achieved was pay grade E-2.

On 20 October 1971, while assigned to a unit located at Fort Knox, Kentucky, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for failure to repair and for dereliction of duty.  His imposed punishment was a forfeiture of $25.00 pay, 14 days restriction, and 
14 days extra duty.

On 18 November 1971, the applicant accepted NJP for being absent without leave (AWOL) from 2 to 10 November 1971.  His imposed punishment was a forfeiture of $70.00 pay and 15 days correctional custody.

On 25 January 1972, the applicant accepted NJP for intent to defraud, for the procurement of lawful currency, by wrongfully and unlawfully uttering a savings bond for payment.  His imposed punishment was a forfeiture of $100.00 pay per month for 2 months.

On or about 28 January 1972, the applicant departed for assignment in Korea.
He was assigned to the 258th Signal Company, 307th Signal Battalion as a cook.

On 13 March 1972, the applicant accepted NJP for failure to repair and for being disrespectful in language to a senior noncommissioned officer.  His imposed punishment was a forfeiture of $70.00 pay, reduction to the grade of private (suspended for 30 days), and 14 days restriction.

On 21 August 1972, the applicant was convicted by a special court-martial 
(SPCM) of failing to obey a lawful order, of having in his possession a straight razor, of being AWOL from 8 to 15 June 1972, and being AWOL from 15 June to 10 July 1972.  He was sentenced to a reduction to pay grade E-1, a forfeiture of 
$190.00 pay per month for 5 months (suspended until 20 January 1973), and confinement at hard labor (CHL) for 5 months (suspended until 20 January 
1973). 

On 14 February 1973, while assigned to Headquarters Company, 58th Signal Battalion, Fort Lewis, Washington, the applicant accepted NJP for failure to repair on 6 and 8 February 1973.  His imposed punishment was a forfeiture of $35.00 pay and 7 days extra duty.

On 8 March 1973, the applicant was barred from reenlistment by his company commander.

29 March 1973, the applicant accepted NJP for being AWOL on 9 different occasions, all less than 24 hours.  His imposed punishment was a forfeiture of $40.00 pay per month for 2 months and 30 days restriction and extra duty.

On 6 September 1973, the applicant accepted NJP for being AWOL from 
24 to 28 August 1973.  His imposed punishment was a forfeiture of $150.00 pay,
45 days restriction, and 30 days extra duty.

On 30 June 1973, the applicant was convicted by a SPCM of assault upon an enlisted soldier by threatening him with a club and disobeying a lawful order 
from a superior commissioned officer.  He was sentenced to a forfeiture of $150.00 pay per month for 2 months and CHL for 2 months.

On 24 July 1973, a physical evaluation found the applicant qualified for separation.  However, the applicant’s mental evaluation is missing from his record.

The applicant’s discharge proceedings are not available.  Veterans Administration Request for Information (VA Form 07-3101) dated 3 December 
1973, filed in the applicant’s service record shows that the facts and circumstances surrounding his discharge were forwarded to its Regional Office in Seattle, Washington.

The applicant’s record shows that he was discharged on 7 November 1973, under the provisions of Army Regulation 635-200, chapter 13, for unfitness with a discharge UOTHC.  His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he completed 1 year, 10 months and 
6 days of creditable active service and he had 153 days of time lost.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel for unfitness or unsuitability.  The regulation provided, in pertinent part, that commanders will separate a member under this chapter 
when, in the commander’s judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become satisfactory soldier.  When separation for unfitness was warranted, a discharge UOTHC 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 the applicant’s discharge proceedings the Board can only presume that the applicant’s discharge was conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant’s overall record of military service.

3.  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

__RVO__  __RTD__  __KWL__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069277	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/25	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1973/11/07	
DISCHARGE AUTHORITY	AR635-200, chapter 13	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.5000	
2.		
3.		
4.		
5.		
6.