MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 July 2003                   
	DOCKET NUMBER:   AR2003085245

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John T. Meixell		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 fully honorable.

APPLICANT STATES:  That after faithfully serving his country, he was given an undesirable discharge based solely on his race.

EVIDENCE OF RECORD:  The applicant's military records could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, Missouri, in 1973.  The following information was derived from the applicant’s discharge packet and his separation document.

He enlisted in the Regular Army on 31 July 1950.  He was assigned to a truck company in Europe.

On 18 October 1950, the applicant was found guilty by a Summary Court-Martial of being in Mexico without a proper pass.  

On 28 May 1952, the applicant was found guilty by a Special Court-Martial of leaving his guard post before he was relieved.

On 27 January 1953, the applicant was given a psychiatric evaluation.  In that evaluation, the admission diagnosis of anxiety reaction was replaced by 
passive-aggressive reaction, manifested by excessive dependency, immaturity, occasional impulsive outbursts of anger, asocial tendencies with difficulty in relating to people, and marked inadequacy feelings.  The applicant was determined fit for duty.

On 5 March 1953, the applicant was found guilty by a Special Court-Martial of striking a fellow soldier in the face with his fist.

Between 30 September 1951 and 2 March 1953, the applicant departed absent without leave (AWOL) on six occasions, and was confined twice, once for 176 days and once for 154 days.

On 27 November 1953, a board of officers was convened to determine whether the applicant should be separated prior to the expiration of his term of service, as reestablished due to his lost time.  The board of officers determined that the applicant gave evidence of habits which rendered his retention in the service undesirable.  The board of officers recommended that the applicant be issued an Undesirable Discharge Certificate.

On 25 January 1954, the applicant was given a physical and mental examination.  The applicant was determined to be physically fit with no psychiatric considerations, that he was mentally responsible, and that he could distinguish right from wrong and to adhere to the right.

On 4 February 1954, the recommendation of the board of officers was approved.

On 5 March 1954, the applicant was given an undesirable discharge for unfitness under the provisions of Army Regulation 615-368.  He had 2 years, 8 months and 4 days of creditable service, and 339 days of lost time.

Army Regulation 615-368, then in effect, set forth the policy and procedures for separation of enlisted personnel for unfitness.  Unfitness included misconduct, habits and traits of character manifested by antisocial or amoral trends, chronic alcoholism, criminalism, drug addiction, pathological lying, homosexuality, sexual perversion, habitual shirking, and repeated venereal infections.  Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was unsuccessful, impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted 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 and applicable law and regulations, it is concluded:

1.  The applicant’s contention that he served faithfully is not supported by his military records.  He was found guilty by three courts-martial, the first of which rendered its verdict within three months of his enlistment.  He also went AWOL throughout his military service.

2.  While the applicant charges that the sole basis for his discharge was his race, he has not submitted any evidence to substantiate that charge and there is no documentation in his record which would indicate there may be any substance to that claim.

3.  The applicant was discharged because he repeatedly committed acts of misconduct and did not change his behavior when he was given progressively harsher punishment.

4.  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

___jhl ___  ____rvs _  ___jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2003085245	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030717	
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.	105.01	
2.		
3.		
4.		
5.		
6.