MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           11 July 2002
	DOCKET NUMBER:   AR2002071354

	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. Joyce A. Hall		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:  In effect, that his discharge under honorable conditions be upgraded to honorable.

APPLICANT STATES:  No contentions submitted.

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

On 30 July 1963, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty
11B10 (Light Weapons Infantryman).  The highest pay grade he achieved is pay grade E-2.

On or about 12 December 1963, the applicant arrived at Headquarters and Headquarters Company, 2nd Battalion, 22nd Infantry, 4th Infantry Division, Fort Lewis, Washington for duty.

On 21 January 1965, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 13 December 1963 to 15 December 1964.  He was sentenced to confinement at hard labor (CHL) for 6 months, a reduction to pay grade E-1 and a forfeiture of $55.00 pay per month for 6 months.

On 27 January 1965, the sentence was approved and was duly executed.
He was confined to the U.S. Army Armor Center Stockade, Fort Knox, Kentucky.

On 5 March 1965, the unexecuted portion of the confinement was suspended. 

On or about 20 March 1965, the applicant departed for assignment in Germany.
He was assigned to Company B, 1st Battalion, 48th Infantry, 3rd Armored Division
(Spearhead).

On 29 June 1965, the applicant was convicted by a summary court-martial of being AWOL from 18 - 20 June 1965.  He was sentenced to CHL for 1 month and a forfeiture of $55.00 pay.

On 2 July 1965, the commander recommended that the applicant be eliminated from the service under the provisions of Army Regulation 635-208.  The commander’s recommendation was based on the applicant’s frequent incidents of discreditable nature to the military service.

The applicant underwent a psychiatric evaluation on 16 July 1965, which diagnosed him as having an immature personality.  The applicant was cleared psychiatrically for any administrative action deemed appropriate by his command.  However, in view of the applicant’s extreme immaturity and limited intelligence the psychiatrist recommended that the applicant be discharged under Army Regulation 635-209 with a GD.

On 19 July 1965, the applicant underwent a medical examination and was found qualified for separation.

On 2 September 1965, Headquarters, 3rd Armored Division (Spearhead), Office of the Staff Judge Advocate concurred with the recommendation of the psychiatrist to discharge the applicant in accordance with Army Regulation 635-209, for unsuitability.

On 3 September 1965, the appropriate authority approved the recommendation  to discharge the applicant under the provisions of Army Regulation 635-209, for unsuitability and directed the issuance of a General Discharge Certificate.

On 14 September 1965, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-209.  He had completed 9 months and 
20 days of creditable active service and had 465 days of lost time.

Army Regulation 635-208, then in effect, set forth the policy for administrative separation for unfitness (misconduct).  Action to separate and individual was to be taken when, in the judgment of the commander, it was clearly established that rehabilitation was impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted, an undesirable discharge was normally issued.

Army Regulation 635-209 set forth the basic authority for the separation of enlisted personnel for unsuitability.  That regulation provided, in pertinent part, that a member with a character or behavior disorder, disorder of intelligence, or 
Transient personality disorder due to acute or special stress and was unlikely to develop sufficiently to participate in further military training and or become a satisfactory soldier, would be discharged for unsuitability.

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 discharge proceedings were 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

__TSK__  __JTM__  __HBO___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071354	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/11	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.