MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           13 January 2000
	DOCKET NUMBER:   AR1999029808

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. 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:  In effect, that his undesirable discharge be upgraded to honorable.

APPLICANT STATES:  That the times and circumstances (social unrest and racial injustices) at the time coupled with being stationed in the southern part of the country and being mentally unprepared for the discipline required for the rules of military conduct contributed to his discharge.  He also states that he was diagnosed with a debilitating sinus infection while in basic training and was depressed; however, he did not receive the psychological or medical treatment he should have received. 

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

He enlisted in Denver, Colorado on 10 July 1964 for a period of 3 years and was transferred to Fort Leonard Wood, Missouri for basic training.  He completed his basic training and was then transferred to Fort Gordon, Georgia on 7 October 1964 to undergo advanced individual training (AIT) as a communications center specialist.

Although not explained in the available records, it appears that he did not complete his AIT and was transferred to Fort Polk, Louisiana on 16 November 1964 to undergo AIT in a different military occupational specialty. 

On 30 November 1964 nonjudicial punishment was imposed against him for being disrespectful in language towards a superior NCO.  His punishment consisted of a forfeiture of pay and extra duty.

On 1 January 1965 he went AWOL and remained absent until he was returned to military control at Fort Riley, Kansas on 27 February 1965.

He was convicted by a special court-martial on 30 March 1965 of being AWOL from 1 January to 26 February 1965.  He was sentenced to confinement at hard labor for 6 months, reduction to the pay grade of E-1, and a forfeiture of pay.  The convening authority approved the findings and sentence of the court-martial but suspended that portion of the sentence pertaining to confinement at hard labor for a period of 6 months, unless sooner vacated.

The applicant again went AWOL from 4 April to 6 April 1965 and on 9 April 1965 the convening authority vacated the suspended portion of the sentence and directed that he serve that portion of the sentence pertaining to confinement at hard labor for 6 months.

The facts and circumstances surrounding the applicant’s administrative discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214) which shows that he was discharged under other than honorable conditions on 19 July 1965 under the provisions of Army Regulation 635-208, for unfitness, based on his involvement in frequents of a discreditable nature with civil or military authorities. He had served 5 months, and 29 days of total active service and had 191 days of lost time due to AWOL and confinement. 

A review of the available medical records contained in his records failed to reveal that the applicant was ever treated for or was diagnosed with any type of sinus condition.
 
There is no evidence in the available records to show that the applicant applied to the Army Discharge Review Board for and upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities.  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.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in accordance with applicable regulations with no violations of any of the applicant’s rights.

2.  Accordingly, it appears that the type of discharge directed and the reasons therefore were appropriate under the circumstances.

3.  The applicant’s contentions have been noted by the Board and while they are not supported by the evidence of record, they are not sufficiently mitigating to warrant relief given his misconduct during such a brief period of service. 

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 the aforementioned 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

___mvt__  ___ewl__  ___ew___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029808	
SUFFIX		
RECON		
DATE BOARDED	2000/01/13	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1965/07/19	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	583/UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583 	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.