MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 OCTOBER 2003                  
	DOCKET NUMBER:   AR2003089187

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Mae M. Bullock		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 records be corrected by upgrading his discharge to honorable.

APPLICANT STATES:  In effect, that there was an error or injustice because he  suffered with major depression, a condition he had had since childhood.  The applicant submits no evidence in support of his request.

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

The applicant was inducted into the Army of the United States on 21 September 1960, for a period of 2 years.  He completed basic and advanced individual training at Fort Jackson, South Carolina, and served in Korea from August 1961 to October 1962. 

On 15 January 1963, the applicant was counseled by his commanding officer regarding a letter of indebtedness received from a clothing company concerning a debt the applicant had incurred and his refusal to pay.   

Between 23 April and 30 April 1963, the applicant wrote seven checks to the Fort Lee Exchange that were returned for insufficient funds.  

On 4 June 1963, the applicant’s commanding officer was notified by a financial corporation, that a loan secured by the applicant had not been paid, in fact, he had been late with his first two payments, one of which was made with a check that had been returned marked “Improperly Drawn”, which had not been made good. 

An 11 June 1983, a psychiatric evaluation of the applicant determined that there was no evidence of disorientation, thought disorder or psychosis, and that the applicant was strongly motivated to leave the service.  In the opinion of the psychiatrist, the applicant was not insane, possessed sufficient mental capacity to know the difference between right and wrong, and was considered mentally responsible for his actions.  

On 20 June 1963, the applicant’s commander recommended his elimination from the service for unfitness, under the provisions of Army Regulation 635-208.  His commander stated that he had written checks for which he had no funds available and had six letters of indebtedness, had received Company punishments for being absent without leave (AWOL), and received two Delinquency Reports, one for leaving his vehicle unattended on 16 December 1962, and one for a uniform violation on 23 March 1963.

On 27 June 1963, the applicant was convicted by a Summary court-martial for disobeying a lawful order and for breaking restriction.  He was sentenced to restriction, forfeiture, and reduction to pay grade E-3.

On 10 July 1963, the applicant was reduced to pay grade E-1 for misconduct.  There is no evidence in the applicant’s available records that describes the misconduct for which he was reduced.   

On 22 July 1963, the applicant was discharged under other than honorable conditions, under the provisions of Army Regulation 635-208, for unfitness.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he had 2 years, 9 months and 13 days of creditable service. 

Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness.  Separation action was to be taken when the commander determined that the best interest of the service would be served by eliminating the individual concerned and: reasonable attempts to rehabilitate or develop the individual to be a satisfactory soldier were unlikely to succeed; or rehabilitation was impracticable.  Unfitness included frequent incidents of a discreditable nature with military or civil authorities and an established pattern of shirking.  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.  Evidence shows the applicant incurred debts for which he was unable or unwilling to pay.  He was counseled on numerous occasions to no avail, concerning paying his bills and the writing of checks with no funds available.

2.  There is not evidence in the available records to substantiate the applicant’s claim that he suffered from major depression.  

3.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

4.  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 that requirement.

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

__AAO__  __HOF __  __MMB__  DENY APPLICATION

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

INDEX

CASE ID	AR2003089187	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031016	
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.	110.00	
2.		
3.		
4.		
5.		
6.