MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           21 August 2003                  
	DOCKET NUMBER:   AR2003087721

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Regan K. Smith		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 his undesirable discharge was inequitable because it was based on one isolated incident in 36 months of service with no other adverse actions.  

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

On 7 March 1973, he enlisted in the Regular Army (RA) for 3 years.  He completed training and was awarded military occupational specialty (MOS) 62F (Crane Operator) at Fort Hood, Texas where he was assigned to duty in his MOS.  

On 16 February 1976, he was transferred to Korea for duty.  

On 2 December 1976, he was separated with an honorable discharge for the purposes of immediate reenlistment.  On the same day he reenlisted in the RA for 3 years as a crane operator.  

On 9 March 1977, the applicant returned to the United States and was stationed at Fort Polk, Louisiana for duty.

The applicant’s medical records are not available.  However, on 19 October 1977, the applicant’s commander initiated action to separate him under the provisions of Army Regulation 635-200, chapter 13 5b(2) for unsuitability, due to apathy, defective attitudes, or inability to expend effort constructively as the specific reason for the recommended action.  He cited the applicant’s, below average performance with little to no motivation, his resistance of all efforts at rehabilitation and that he would become a severe disciplinary problem, if not discharged.  He further stated that the applicant wanted a discharge.  

On 21 October 1977, the applicant was advised by consulting counsel of the basis for the contemplated action and elected not to submit a statement in his own behalf.  He acknowledged that he understood that he could expect to encounter substantial prejudice in civilian life because of the less than honorable discharge and that he would forfeit all rights administered by Veterans Affairs and might lose other benefits under Federal and state laws.

The applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice on 2 November 1977 for failure to go to his appointed place of duty on 17 October 1977.  

The punishment consisted of extra duty for 7 days, reduction to pay grade E-3, suspended for 60 days and forfeiture of $117.00 pay, of which $67.00 was suspended for 60 days.

On 11 November 1977, the appropriate authority approved the recommendation and directed that the applicant be issued an general discharge.

On 9 December 1977, the applicant was separated in pay grade E-4, under the provisions of Army Regulation 635-200, chapter 13 5b(2), for unsuitability, with an under honorable conditions discharge.  Under his current period of enlistment he completed 11 months and 11 days of creditable active service and 
1-day of lost time.  

Army Regulation 635-200 sets forth the policy and prescribes the procedures for administrative separation of enlisted personnel.  Chapter 13, in effect at that time, applied to separation for unfitness and unsuitability.  At that time, paragraph 
13-5(b) provided for the separation of individuals for unsuitability whose record evidenced apathy (lack of appropriate interest), defective attitudes, and an inability to expend effort constructively.  When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual’s entire record.

There is no available evidence that the applicant applied to the Army Discharge Review Board, for upgrade of his discharge within its 15-year statute of limitations.

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 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.  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. 

3.  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

_JNS         _RWA        _RKS         DENY APPLICATION

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

INDEX

CASE ID	AR2003087721	
SUFFIX		
RECON		
DATE BOARDED	2003.08.21	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19771209	
DISCHARGE AUTHORITY	AR635-200, ch 13 5b(2).  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.	A110.02	
3.	A123.01	
4.		
5.		
6.