MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 May 2003
	DOCKET NUMBER:   AR2003083809

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Robert Duecaster		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 honorable.

APPLICANT STATES:  That he desires to have his discharge upgraded because he is in need of medical attention and the support of the Department of Veterans Affairs (VA).

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

He initially enlisted in the Utah Army National Guard (UTARNG) on 23 November 1959 and served until he enlisted in the Regular Army on 16 December 1969, for a period of 3 years and assignment to Europe.

He was transferred to Germany on 31 January 1961 and was assigned to a medium tank battalion.  His records show that during his assignment he was assigned to two different companies within the battalion.

During the period of 6 April to 30 May 1962, nonjudicial punishment (NJP) was imposed against him on six separate occasions for missing formations, failure to repair and failure to perform extra duties.  His punishment for those offenses was extra duty and restriction.

During the period of 16 September 1961 to 13 June 1962, he was convicted by summary court-martials on three occasions for failure to go to his place of duty.  His punishments consisted of hard labor without confinement for 30 days, reduction to the pay grade of E-2 and a forfeiture of pay. 

On 10 May 1962, the applicant underwent a psychiatric examination and was found to have no psychiatric disease.

On 26 June 1962, the applicant's commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-208, for unfitness due to his frequent involvement in incidents of a discreditable nature with civil/military authorities.  He cited the applicant's disciplinary record, his poor performance and off-duty conduct, his irresponsible attitude, and his failure to respond to numerous counseling sessions and rehabilitations efforts by the chain of command as the basis for his recommendation.

After consulting with counsel, the applicant indicated that he understood the effect an undesirable discharge would have on him and waived his rights.  He also indicated that he did not desire any further attempts at rehabilitation by the Army.

The appropriate authority (a major general) approved the recommendation for discharge on 24 July 1962 and directed that he be furnished an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 7 August 1962, under the provisions of Army Regulation 635-208, for unfitness, due to his frequent involvement in incidents of a discreditable nature with civil/military authorities.  He had served 1 year, 7 months and 22 days of active service during his enlistment.

There is no evidence in the available records that shows that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness due to frequent involvement in incidents of a discreditable nature with civil/military authorities.  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’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

3.  The applicant has failed to convince the Board through the evidence submitted with his application or the evidence of record that his discharge was unjust and should be upgraded.

4.  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.

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

__mdm__  __sac___  __rd ____  DENY APPLICATION

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

INDEX

CASE ID	AR2002083809	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/08	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	1962/08/07	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.