MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          13 November 2003
		DOCKET NUMBER:  AR2003087849

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Ms. Eloise C. Prendergast		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:  In effect, that his undesirable discharge (UD) be upgraded to a general discharge (GD).

APPLICANT STATES:  The applicant makes no statement and submits no supporting documents.

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

He enlisted in the Regular Army on 23 February 1960 for a period of 3 years under the "buddy assignment plan."  

On 7 March 1960, the applicant was assigned to Company D, 1st Battle Group, 87th Infantry, 2nd Infantry Division, Fort Benning, Georgia, for basic combat training (BCT).  On 2 April 1960, the applicant departed his unit absent without leave (AWOL) and remained absent until on or about 12 April 1960.  On 21 April 1960, the applicant was charged with 1 specification of AWOL.

On 28 April 1960, the applicant was convicted by a summary court-martial of the above period of AWOL.  He was sentenced to 45 days of hard labor without confinement and forfeiture of $52.00 pay per month for 1 month.  On 10 May 1960, the unexecuted portion of the applicant’s sentence to perform hard labor without confinement was suspended until 12 June 1960.  

On 5 May 1960, the applicant was recycled to Company E, 2nd Battle Group, 23rd Infantry, 2nd Infantry Division, Fort Benning to complete BCT.

On 11 May 1960, the applicant was transferred to civil authorities in Columbus, Georgia, pending trial on 16 May 1960 for automobile theft and driving without a license.

On 17 June 1960, the applicant was convicted in Muscogee Superior Court, Muscogee County, Columbus, Georgia, of driving without a license and stealing an automobile.  He was sentenced to 12 months of labor at the county public works camp or such other institution operated under the jurisdiction of the State Board of Corrections.

On 28 July 1960, the unit commander requested the applicant be separated from the service under the provisions of paragraph 22a, Army Regulation (AR) 635-206.  The unit commander requested that the applicant be discharged because he was confined at the Muscogee County Work Farm for a period of 12 months and his conduct and efficiency ratings were unsatisfactory prior to his misconduct.  

On 22 September 1960, the applicant was notified that his unit commander was initiating separation action under the provisions of paragraph 20, AR 635-206 and that, if approved; he would be given a UD.  He was also asked to respond to a statement indicating whether he intended to appeal his conviction.  On 27 September 1960, the applicant indicated that he did not intend to appeal his 12-month sentence for auto theft. 

On 30 September 1960, the appropriate authority approved the applicant’s discharge with a UD by reason of unfitness due to a civil conviction.  Accordingly, on 21 October 1960, the applicant was discharged from the Army.  He was credited with 2 months and 8 days of creditable military service and 174 days of lost time.

AR 635-206, then in effect, provided in pertinent part for the administrative separation of enlisted personnel who had committed an act or acts of misconduct by reason of fraudulent entry in the service, conviction by civil court, and absence without leave or desertion.  

There is no evidence the applicant applied to the Army Discharge Review Board prior to 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 Board carefully reviewed the applicant’s record of service and concluded that his discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  Additionally, the applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated his misconduct or poor duty performance.  The applicant’s misconduct, to include automobile theft and going AWOL, diminished the quality of his service below that meriting a fully honorable or general discharge.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights and the character of the discharge is commensurate with his overall record of military service.

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

__aao___  __reb___  __ecp___  DENY APPLICATION

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

INDEX

CASE ID	AR2003087849	
SUFFIX		
RECON		
DATE BOARDED	20031113	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19601021	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	A61.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6100	
2.	144.0000	
3.		
4.		
5.		
6.