MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 June 2002
	DOCKET NUMBER:   AR2002070724

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		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 honorable.

APPLICANT STATES:  In effect, that he was extended past his original expiration of term of service (ETS) of February 1962, during the Cuban Missile Crisis and was court-martialed in April 1962 for being absent without leave (AWOL) for 1 day.  He contends that he should have received an honorable discharge.

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

He enlisted on 17 February 1959 for a period of 3 years, training as an armor crewman and assignment to Europe.  On 11 August 1959, while attending his advanced individual training at Fort Knox, Kentucky, he was convicted by a summary court-martial of being AWOL from 6 August to 10 August 1959.  He was sentenced to confinement at hard labor for 30 days (suspended), reduction to the pay grade of E-1 and a forfeiture of pay.  He completed his training and was transferred to Germany on 23 September 1959.

He was convicted by a summary court-martial on 1 February 1961 of being disrespectful to a superior noncommissioned officer.  He was sentenced to be reduced to the pay grade of E-1 and a forfeiture of pay.

On 1 August 1961, he was transferred to Fort Devens, Massachusetts and on 15 December 1961, he was involuntarily extended on active duty to 11 April 1962.  His original ETS at the time was 16 February 1962.

On 3 April 1962, he was convicted by a summary court-martial of disobeying a lawful order of the commanding general, not to operate a motor vehicle on Fort Devens Military Reservation.  He was sentenced to perform hard labor without confinement for 5 days, reduction to the pay grade of E-1 and a forfeiture of pay.

On 11 April 1962, he was released from active duty (REFRAD) under honorable conditions, due to the expiration of his term of service.  He had served 3 years, 1 month and 21 days of total active service and was transferred to the United States Army Reserve Control Group to complete his statutory service obligation.

A review of his conduct and efficiency ratings shows that he was rated unsatisfactory on at least two occasions, good on two occasions and fair on one occasion.  His last ratings were unsatisfactory conduct and good efficiency ratings.  The highest rank he ever attained was the rank of private first class.  He was reduced in grade on six occasions (three times by court-martial convictions and three times by nonjudicial punishment).

There is no indication 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 635-200, in effect at the time, provided the criteria for determining the characterization of a discharge.  It provides, in pertinent part, that an honorable discharge is a separation with honor and is conditioned upon proper military behavior and proficient performance of duty during the member’s current enlistment.  A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge.  A member’s service may be characterized as general by the commanding officer authorized to take such action.  In doing so, the commander must consider the record in its entirety for the period of service in question before making a determination.

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 service was properly characterized in accordance with the applicable regulations in effect at the time and the applicant has failed to show through the evidence submitted with his application or the evidence of record that his service warranted a fully honorable characterization of service. 

3.  The Board has noted the applicant’s contentions; however, they are not supported by the evidence of record and are not sufficiently mitigating to warrant relief when compared to his disciplinary record and overall record of undistinguished service.

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

_rtd_____  ___inw __  ___kan__  DENY APPLICATION

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

INDEX

CASE ID	AR2002070724	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/27	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1962/04/11	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	Ets	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  455	144.0300/A03.00	
2.		
3.		
4.		
5.		
6.