MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           30 September 2003                  
	DOCKET NUMBER:   AR2003087530

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 discharge be upgraded.

APPLICANT STATES:  That he didn’t know that he could request a change and that he had a mental illness while in the service.  He feels that he deserves an honorable discharge because he served the country honorably.

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

He entered active duty on 8 December 1964.  He completed training and served as a communications center specialist.  

On 18 January 1965 the applicant received nonjudicial punishment (NJP), under Article 15, Uniform Code of Military Justice, for stealing two candy bars. 

On 24 August 1965 a summary court-martial found the applicant guilty of being absent without leave (AWOL) from 16 through 19 August 1965.

On 3 October 1965 the applicant was apprehended by the military police for auto theft and driving without a license.  

On 4 October 1965 he threatened to commit suicide by attempting to overdose on malaria pills.  He was prevented from taking these pills but he ran off and got some other pills.  When he was prevented from taking those pills he became abusive and the military police were called to take him to the hospital for observation.  

Between 11 October 1965 and 13 November 1965 the applicant either threatened to or attempted to commit suicide four more times.

On 13 November 1965 he was given a psychiatric evaluation.  He was diagnosed as having an immature personality with poor judgment, emotional instability, and poor self-control.  The doctor stated that the applicant’s instability and immaturity rendered him a likely prospect for future “maladaptive behavior.”  He was psychiatrically cleared to participate in appropriate administrative action.

The applicant was returned to duty and due to loss of his security clearance was placed in a new unit performing administrative duties.  

The applicant’s company commander noted that the applicant's behavior and duty performance continued to be poor and on 12 February 1966 initiated discharge proceeding for unsuitability.

On 14 February 1966 the applicant acknowledged that he had been counseled and advised of the discharge action.  He was afforded the opportunity to consult with a lawyer, to have his case reviewed by a board of officers and to submit statements on his own behalf.  He waived all of these rights.

On 26 January 1966 the applicant received NJP for failure to go to his appointed place of duty.

On 1 March 1966 the discharge authority approved the recommendation to discharge the applicant and directed that he receive a general discharge.

He was discharged on 11 March 1966 for unsuitability with a general discharge.  He had 1 year and 3 months of creditable service with 4 days lost.  

Army Regulation 635-209, in effect at the time, set forth the policy and prescribed procedures for eliminating enlisted personnel for unsuitability.  Action was to be taken to discharge an individual for unsuitability when, in the commander's opinion, it was clearly established that: the individual was unlikely to develop sufficiently to participate in further military training and/or become a satisfactory soldier or the individual's psychiatric or physical condition was such as to not warrant discharge for disability.  Unsuitability included inaptitude, character and behavior disorders, disorders of intelligence and transient personality disorders due to acute or special stress, apathy, defective attitude, and inability to expend effort constructively, enuresis, chronic alcoholism, and homosexuality.  Evaluation by a medical officer was required and, when psychiatric indications are involved, the medical officer must be a psychiatrist, if one was available.  A general or honorable discharge was 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 discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.

2.  The Board finds that there is insufficient evidence or mitigating factors to support an upgrade of the applicant’s discharge.

3.  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.

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

__RJW__  ___MHM  ___MVT__  DENY APPLICATION

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

INDEX

CASE ID	AR2003087530	
SUFFIX		
RECON		
DATE BOARDED	20030930	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.9323	
2.		
3.		
4.		
5.		
6.