MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 July 2003
	DOCKET NUMBER:   AR2003084250

	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. John N. Slone		Chairperson	
	Mr. Thomas D. Howard		Member	
	Mr. Thomas Lanyi		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 a general discharge.

APPLICANT STATES:  That at the time he was not paid for 4 months, which caused a burden on his family.  He further states that he is a productive citizen who has been married to the same woman for 38 years and has worked for the same company for 30 years. 

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

He initially enlisted in the Regular Army in Montgomery, Alabama, on 16 April 1956, for a period of 3 years.  He was transferred to Fort Jackson, South Carolina to undergo his basic combat training (BCT).

On 7 June 1956, he was convicted by a summary court-martial of being absent without leave (AWOL) from 3 June to 4 June 1956.  He was sentenced to a forfeiture of pay.

He completed his BCT and was transferred to Fort Gordon, Georgia, on 6 July 1956, to undergo his advanced individual training (AIT).  

On 6 August 1956, he went AWOL and remained absent until he was apprehended and returned to military control at Fort McClellan, Alabama, on 26 September 1956.  He was convicted by a summary court-martial of the AWOL offense on 16 October 1956 and was sentenced to confinement at hard labor for 3 months and a forfeiture of pay.

He was transferred back to Fort Jackson on 7 January 1957 and on 29 March 1957, he was convicted by a summary court-martial of failure to go to his place of duty.  He was sentenced to confinement at hard labor for 1 month and a forfeiture of pay.

On 22 April 1957, the applicant's commander initiated a recommendation for the applicant to appear before a board of officers to determine if he should be separated from the service under the provisions of Army Regulation 635-208 for unfitness.  The Board convened on 24 April 1957 and after hearing testimony from the applicant, whereas he stated that he wanted out of the Army, the board of officers found that he was unfit for further service and recommended that he be discharged under the provisions of Army Regulation 635-208, for unfitness. 

The appropriate authority approved the findings and recommendation of the board of officers on 26 April 1957 and directed that he be furnished an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 29 April 1957, under the provisions of Army Regulation 635-208, for unfitness, due to undesirable habits and traits of character.  He had served 6 months and 26 days of total active service and had 168 days of lost time due to AWOL and confinement.

On 13 July 1960, he enlisted in the Alabama Army National Guard (ALARNG), claiming that he had no prior service.  He entered active duty for training (ACDUTRA) on 9 September 1960 and was again sent to Fort Jackson to undergo his BCT.  He completed his BCT and was transferred to Fort Bliss, Texas for his AIT.  He completed his AIT and was honorably released from ACDUTRA on 8 March 1961 and returned to his ALARNG unit. 

On 16 November 1961, with the assistance of his congressional representative, he obtained a waiver to again enlist in the Regular Army.  He enlisted for a period of 6 years and was transferred to Fort Campbell, Kentucky, where he remained until he was transferred to Germany on 18 August 1962.  He was advanced to the pay grade of E-4 on 13 August 1963.

On 5 June 1964, nonjudicial punishment was imposed against him for unsafe driving and causing an accident.  His punishment consisted of a forfeiture of pay and suspension of his operators license.

He departed Germany on 22 July 1964 and was transferred to Fort Polk, Louisiana.  He went AWOL on 19 October 1964 and remained absent until he was returned to military control at Fort McPherson, Georgia, on 1 December 1964.

On 15 December 1964, he was convicted by a special court-martial of the AWOL charges.  He was sentenced to be reduced to the pay grade of E-2.

He was then transferred to Fort Lewis, Washington on 5 February 1965, where he remained until he received orders transferring him to Southeast Asia.  The applicant became attached to a unit at Fort Ord, California and on 7 August 1965, he again went AWOL and remained absent until he was again returned to military control at Fort McPherson.

On 22 November 1965, he was convicted by a special court-martial of the AWOL offense and was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.

The applicant underwent a psychiatric evaluation on 29 November 1965 and was determined to be mentally responsible, able to distinguish right from wrong and to adhere to the right.

The applicant's commander submitted a recommendation to discharge him from the service under the provisions of Army Regulation 635-208, for unfitness.  He cited the applicant's disciplinary record and the fact that he had now incurred numerous marital and financial problems and that his contempt for the Army had been magnified beyond proportion, to the extent that further rehabilitation was not feasible.

After consulting with counsel, the applicant waived his rights and declined to submit a statement in his own behalf.

The appropriate authority (a major general) approved the recommendation for discharge on 11 December 1965 and directed that he be furnished an Undesirable Discharge Certificate.

Accordingly, he was again discharged under other than honorable conditions on 17 December 1965, under the provisions of Army Regulation 635-208, for unfitness.  He had served 3 years, 6 months and 21 days of active service during his current 6-year enlistment and had 191 days of lost time due to AWOL and confinement.

He applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 17 February 1981, contending that he had been a good citizen since his discharge, that he had worked for the same company for 13 years, that he was active in his church and community and that he wanted to straighten out his life.  The ADRB found his discharge to be proper and equitable and voted unanimously to deny his application on 4 December 1981.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reasons of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities, sexual perversion, drug addiction, shirking or establishing a pattern showing dishonorable failure to pay just debts.  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.  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.  Notwithstanding the fact that the applicant fraudulently enlisted in the ALARNG after being discharged under other than honorable conditions and was able to subsequently enlist in the Regular Army a second time, the applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would tend to jeopardize his rights.

3.  Accordingly, the type of discharge directed and the reasons therefore were appropriate considering all of the available facts of the case.

4.  The applicant’s contentions have been noted by the Board.  However, given his overall disciplinary history and undistinguished record of service, they are not sufficiently mitigating to warrant an upgrade of his discharge.

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

____tdh _  ___js____  __tl_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003084250	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/22	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1965/06/17	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.