MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 June 2002
	DOCKET NUMBER:   AR2002071341

	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:

	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:  In effect, that his undesirable discharge (UD) be upgraded to a general discharge (GD) under honorable conditions.

APPLICANT STATES:  In effect, that he was unable to adjust to military life.

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

On 29 July 1959, at the age of 17 years and 4 months the applicant enlisted in the Regular Army for 3 years with parental consent.  He completed the required training and was awarded military occupational specialty 640.00 (Light Vehicle Driver).  The highest pay grade he achieved was pay grade E-3.

On 15 August 1960, while assigned to a unit at Moehringen, Germany the applicant was convicted by a summary court-martial (SCM) of disobeying a lawful order and of being disrespectful in language to a superior noncommissioned officer.  He was sentenced to a forfeiture of $50.00 pay and to be reduced to pay grade E-2.

On 21 October 1960, the applicant was convicted by a special court-martial of 
failure to repair and of wrongfully appropriating a ¼ ton truck, property of the U.S. Government.  He was sentenced to 14 days hard labor and a forfeiture of $50.00 pay.

On 5 November 1960, the applicant was convicted by a SCM of assault with a 
knife.  He was sentenced to 15 days hard labor, a forfeiture of $45.00 and to be reduced to pay grade E-1.

On 8 November 1960, the commander requested that the applicant go before a board of officers to determined whether the applicant should be discharged prior to expiration of his term of service under the provisions of Army Regulation
635-208 for unfitness.  The commander’s recommendation was based on the applicant’s three court-martials and unsuccessful attempts to help the applicant salvage his military career. 

The applicant was advised by legal counsel of the basis for the contemplated separation action and the rights available to him.  The applicant waived personal appearance, consideration, and representation by counsel before a board of officers.  He was afforded the opportunity to submit statements in his own behalf, but declined to do so.

On 10 November 1960, the applicant underwent a psychiatric evaluation, which diagnosed him as having a passive aggressive reaction, chronic and severe.  
The psychiatrist determined that the applicant could distinguish right from wrong, possessed the mental capacity to participate in administrative proceedings and there was no evidence of psychosis or neurosis.  

On 25 November 1960, the appropriate authority approved the recommendation for discharge and directed the issuance of an Undesirable Discharge Certificate.

On 9 December 1960, the applicant was discharged under the provisions of Army Regulation 635-208, for unfitness.  He had completed a total of 1 year, 4 months and 11 days of active military service.

On 9 May 1967, the Army Discharge Review Board denied the applicant’s request for an upgrade.

Army Regulation 635-208, then in effect, provided, in pertinent part, the policies, procedures, and guidance for the elimination of enlisted personnel who were determined to be unfit for further military service.  However, at the time of the discharge a UD 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 indication of procedural errors, which would tend to jeopardize his rights.

3.  The type of discharge directed and the reason therefore were appropriate considering all the 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

_ _INW_ _  __KAN__  __RTD__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071341	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/27	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1960/12/06	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	A40.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.4000	
2.		
3.		
4.		
5.		
6.