MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 July 2002
	DOCKET NUMBER:   AR2002070475

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John T. Meixell		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 general discharge be upgraded to an honorable discharge and that he be restored to the rank of specialist (E-4).

APPLICANT STATES:  That he never fully understood why he was reduced in rank without being afforded the benefit of counsel.

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

On 14 April 1966, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a hawk missile crewman.  He was promoted to pay grade E-2 on 14 August 1966 and pay grade E-3 on 18 November 1966.  A review of the records fails to show that the applicant was ever promoted to the pay grade of E-4.

Nonjudicial punishment (NJP) was imposed against the applicant on 10 January 1967, for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay.

On 27 March 1967, NJP was imposed against him again for failure to go to his appointed place of duty.  His punishment consisted of a reduction to the pay grade of E-2 and a forfeiture of pay.

On 18 July 1967, NJP was imposed against the applicant for loaning his ration card to another individual.  His punishment consisted of an oral reprimand.

On 15 September 1967, NJP was imposed against him for wrongfully having in his possession an unauthorized Armed Forces Liberty Pass.  His punishment consisted of a forfeiture of pay and extra duty.

The applicant was convicted by a special court-martial on 12 February 1968, for being absent without leave (AWOL) from 5 January until 8 January 1968; from 12 January until 26 January 1968; and from 2 February until 3 February 1968.  He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.

The applicant was AWOL on 28 July 1968, when he was arrested by civil authorities and was convicted of possession of marijuana.  He was returned to military authorities on 16 December 1968 and was placed in pretrial confinement.

On 23 December 1968, he was convicted again by a special court-martial for being AWOL from 29 June until 16 December 1968.  He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.

Although the records are unclear as to the reasons why, it appears that sometime during the month of March 1969, while he was in confinement, the applicant was reduced from pay grade E-2 to the pay grade of E-1.  

Action to eliminate the applicant from the Army under the provisions of Army Regulation 635-212 for unsuitability was initiated on 26 May 1969.  The commanding officer cited a Mental Hygiene Consultation Service (MHCS) evaluation as the basis for his recommendation for discharge.  It was believed by his superiors and the MHCS that the applicant had a character disorder and an antisocial personality.  He was also believed to be beyond rehabilitative efforts.

The recommendation for discharge indicates that the applicant was notified that action to eliminate him from the Army had been initiated and he waived his right to appear before a board of officer.

The recommendation for discharge was approved by the appropriate authority on 10 June 1969.  Accordingly, on 18 June 1969 the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-212, for unsuitability.  He completed 1 year, 10 months and 7 days of total active service and he had approximately 483 days of lost time due to AWOL and confinement.  He was furnished a General Discharge Certificate.

There is no evidence of record that shows 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 635-212, in effect at the time of the applicant’s discharge, provided for discharge for unsuitability.  Paragraph 3 of that regulation specified that action would be taken to separate a member for unsuitability when it established that a member met retention medical standards, and that a member would unlikely develop sufficiently to participate in further military training and/or become a satisfactory soldier.

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 type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  The Board has noted the applicant’s contentions.  However, there is no evidence of record that shows that he was ever promoted to the pay grade of 
E-4.  He was promoted to pay grade E-3 on 18 November 1966.  He was later reduced to pay grade E-2 on 24 March 1967 as a result of NJP and to pay 
grade E-1 in March 1969, while he was in confinement.  There is no evidence of record nor has the applicant submitted any evidence that shows that the action taken by the Army in this case was incorrect and in view of his numerous acts of indiscipline, it does not appear that his general discharge was too severe.

4.  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.

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

____jm__  __tsk ___  ___hbo __  DENY APPLICATION

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

INDEX

CASE ID	AR2002070475	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/11	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1969/06/18	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	547	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  557	144.4200	
2.		
3.		
4.		
5.		
6.