MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2002
	DOCKET NUMBER:   AR2002074112

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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 a general under honorable conditions discharge.

APPLICANT STATES:  That when he was in the service he missed bed check and he had a drinking problem.  He has not had a drink in 11 years now.  He has tried to be a good citizen, husband, and grandfather.  He is in very bad health and is not expected to live.  He served his country; now he, his wife, and family would appreciate it if his discharge could be upgraded.

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

He enlisted in the Regular Army on 1 August 1958.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 640.00 (Light Vehicle Driver).  

Between 13 July 1959 and 4 April 1960, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on three occasions for failing to take proper care of Government equipment, driving too fast for road conditions, and missing bed check.

The applicant was honorably discharged on 25 August 1960 for the purpose of immediately reenlisting on 26 August 1960.

On 25 February 1961 and 4 November 1961, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for having a motor vehicle accident and for missing bed check, respectively.

On 23 December 1961, the applicant was convicted by a summary court-martial for being absent without leave (AWOL) from midnight 18 December 1961 to 12:33 a.m. on 19 December 1961.  On 11 January 1962, he was convicted by a summary court-martial for being AWOL from midnight 6 January 1962 to 2:15 a.m. on 7 January 1962.

On 20 January 1962, the applicant received a psychiatric evaluation.  No psychosis, neurosis, or organic brain syndrome was found.  He admitted that since being relieved of driving assignments he had become angry and reacted with excessive drinking and indifference.  Separation under the provisions of Army Regulation 635-209 (unsuitability) was recommended.

On 27 February 1962, the applicant was convicted by a summary court-martial of being AWOL from 1:15 a.m. 25 February 1962 to midnight on 25 February 1962.

On 13 February 1962, the applicant’s commander recommended he be separated under the provisions of Army Regulation 635-208 for unfitness.  The commander cited the applicant’s several letters of indebtedness, Article 15s, and summary courts-martial as the reasons for the recommended separation.  As additional reasons, he cited the applicant’s borrowing money from fellow soldiers and two German civilian guards and failing to repay them and the applicant’s unsatisfactory performance of duty and failure to respond to counseling.

On 13 February 1962, the applicant waived his right to appear before a board of officers and elected not to submit a statement in his own behalf.

On 19 March 1962, the appropriate authority approved the recommendation and directed the applicant receive an undesirable discharge.

On 13 April 1962, the applicant completed a separation physical and was found qualified for separation.

On 13 April 1962, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness, with an undesirable discharge.  He had completed a total of 3 years, 8 months, and 13 days of creditable active service and had no lost time. 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following:  frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.

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.  Although the medical examiner during his psychiatric examination recommended the applicant be separated under Army Regulation 635-209, the Board sees no error or injustice with his being separated under Army Regulation 635-208.  The discipline problems for which he received both judicial and nonjudicial punishment were relatively minor; however, they were numerous.  The frequency of his disciplinary problems combined with his extensive failure to pay just debts, for which excessive drinking was no excuse, rendered his separation for unfitness appropriate.  

3.  The applicant’s good service during his first enlistment was recognized with an honorable discharge.

4.  The Board is sympathetic with the applicant’s current medical condition; however, that factor does not warrant granting the relief requested.

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

__RVO__  __RTD__  __KWL__  DENY APPLICATION

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

INDEX

CASE ID	AR2002074112	
SUFFIX		
RECON		
DATE BOARDED	2002/07/25	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1962/0413	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	A50.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.