MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 February 2003
	DOCKET NUMBER:   AR2002072818

	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. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Antonio Uribe		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 changed to an honorable discharge.  

APPLICANT STATES:  That he was informed that he should have been honorably discharged because he was suffering from a medical nervous condition. In support of his application, he submits a copy of his Army medical records.

EVIDENCE OF RECORD:  The applicant's military records, although partially destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, show:

On 16 January 1951, he enlisted in the Army in St. Louis, Missouri, for 3 years, in the pay grade of E-1.  He successfully completed his training as an infantryman.  He was transferred to Korea in August 1951 where he remained until he returned to the Continental United States in July 1952.

The records show that the applicant’s initial period of absence without leave (AWOL) was from 6 November 1952 until 10 November 1952.

He was convicted by a special court-martial on 30 January 1953, of being AWOL from 22 December 1952 until 14 January 1953.  He was sentenced to confinement at hard labor for 60 days and a forfeiture of pay in the amount of $55.00.

On 30 April 1953, the applicant was convicted by a special court-martial of being AWOL from 1 April until 15 April 1953.  He was sentenced to confinement at hard labor for 45 days and a forfeiture of pay in the amount of $25.00 per month for 3 months.

The records also show that he was AWOL from 16 June until 3 July 1953 and from 6 July until 9 July 1953 and that each time that he returned from being AWOL he was placed in confinement.

On 21 September 1953, the applicant underwent a neuropsychiatric evaluation as a result of his frequent AWOLs.  The psychiatrist determined that he had a basically passive dependent reaction with accompanying dissociative reactions.  Psychological testing revealed that he was threatened in his relationships with others, particularly with dominant authority and that he was of average intelligence.  The psychiatrist further determined that the applicant was well developed, alert, oriented and cooperative, but appeared to be rather dull.  The psychiatrist opined that the applicant was not insane; possessed sufficient mental capacity to know the difference between right and wrong and that he should have been able to adhere to the right and refrain from the wrong.  The psychiatrist further opined that he could be considered to be mentally responsible for his acts and that his conditions were not amenable to hospitalization, treatment, disciplinary action, training, transfer to another station or organization, or reclassification to another type of duty.  The psychiatrist concluded by indicating that the applicant had no mental or physical disease or defect which would warrant Physical Evaluation Board proceedings or other disposition through medical channels.  The psychiatrist recommended that no further attempt at rehabilitation be made since it was believed that he was useless to the service and further attempts would be of no avail.  The psychiatrist also recommended that the applicant appear before a board of officers with a view of separation from the service under the provisions of Army Regulation 615-369, due to inadaptability. 

The applicant went AWOL again on 29 September 1953 and he remained absent until he returned on 13 October 1953, at which time he was placed in pretrial confinement.

On 17 October 1953, the applicant’s commanding officer recommended that he be discharged from the Army under the provisions of Army Regulation 615-366, for the best interest of the service, in lieu of trial by court-martial.  The appropriate authority approved the recommendation for discharge and directed that he be furnished an Undesirable Discharge Certificate.  Accordingly, on 13 November 1953, he was discharged under the provisions of Army Regulation 615-366, due to misconduct as a result of physical unfitness and aggravated AWOL.  He had completed 2 years, 1 month and 19 days of total active service and he had 253 days of lost time due to AWOL and confinement.  He was furnished an Undesirable Discharge Certificate.

Army Regulation 615-366, in effect at that time, set forth the policy and procedures for separation of enlisted personnel for misconduct including aggravated AWOL and for desertion and physical unfitness.  Section II of that regulation authorized discharge of individuals who had been charged with desertion and were physically unfit for military service.  An undesirable discharge was 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 Board has noted the applicant’s contentions.  However, the evidence of record clearly shows that he underwent a mental status evaluation and a psychiatrist determined that he able to distinguish right from wrong and to adhere to the right.  There is no evidence of record to support the applicant’s contention that he was suffering from a medical nervous condition that would have excused his continuous AWOLs.  

3.  He was convicted twice by a special court-martial of being AWOL and he continued to go AWOL until he had 253 days of lost time due to AWOL and confinement.  

4.  In view of his numerous acts of indiscipline, it appears that his service was properly characterized.

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

___rks __  ___au___  __sac___  DENY APPLICATION

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

INDEX

CASE ID	AR2002072818	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/11	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19531113	
DISCHARGE AUTHORITY	AR 615-366	
DISCHARGE REASON	626	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  642	144.6115	
2.		
3.		
4.		
5.		
6.