MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:          10 September 2002                  
	DOCKET NUMBER:   AR2002071102

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 general.

APPLICANT STATES:  He was only 17 years old when he joined the Army and his family had lots of problems.  He asked several times to be discharged.  He does not mean to make excuses but he has lived with this discharge for over 35 years and is only asking as others have asked.  He dates the discovery of the alleged error or injustice as 28 February 2002 and states that he just learned that he could apply to have the discharge changed.  

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

He enlisted with parental consent, on 12 June 1964, at the age of 17 years and 3 months.  He had an eighth grade education.

He completed training and was transferred to a missile battery in Germany.  On 26 July 1965, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice for operating a privately owned vehicle without a license.

He was convicted by a special court-martial (SPCM), on 4 March 1965, of misappropriation of a 2½ ton government truck and absence from his unit (AWOL) for less than 1 day.  A second SPCM (on 15 October 1965) convicted him of misappropriation of a ¼ ton government truck (a jeep) and violation of a lawful general regulation by driving a government vehicle without a government driver's license.

On 1 November 1965 he submitted a report of medical history in which he described his current health as "Good" and reported no medical problems except hay fever.  A separation medical examination found him physically qualified for separation with a physical profile of 111111.

The battery commander recommended that the applicant be separated for unfitness due to frequent discreditable incidents.  He noted that the applicant's conduct and attitude brought discredit upon the military, and supported the recommendation with evidence of the above-cited NJP and court-martial convictions and by statements from the former battery commander, the battery executive officer, the platoon leader, the first sergeant and two other noncommissioned officers. 

The applicant acknowledged that he had been counseled about the recommended separation and waived his rights to be represented by counsel, to appear before and have his case considered by a board officers and to submit statements in his own behalf.  He also acknowledged that he had been advised about the kind of discharge he might receive, and that an undesirable discharge might deprive him of any or all veteran's benefits and that he could expect to encounter considerable prejudice in civilian life because of the discharge.

The separation authority approved the recommendation and directed that an Undesirable Discharge Certificate be issued.  The applicant was separated on 27 January 1966 under the provisions of Army Regulation 635-208 for unfitness due to frequent discreditable incidents.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel.  Paragraph 6 of the regulation provided, in pertinent part, that an individual was subject to separation for unfitness because of frequent incidents of a discreditable nature with civil or military authorities.  When separation for unfitness was warranted 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 demonstrated a capacity for honorable service by completion of training and approximately 1 year of service before the first infraction of record.

2.  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 and the applicant's service was appropriately characterized.

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 this requirement.

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

__FNE___  __BJE __  __WDB _  DENY APPLICATION

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

INDEX

CASE ID	AR2002071102	
SUFFIX		
RECON		
DATE BOARDED	20020910	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19660127	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	A51.00	
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	A93.01	
2.	A93.07	
3.		
4.		
5.		
6.