MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 December 1999                   
	DOCKET NUMBER:   AR1999029994

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		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 under other than honorable conditions (UOTHC) be upgraded to honorable.

APPLICANT STATES:  That he served in Vietnam.  When he returned, he was discharged.  He provides no supporting evidence.

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

After having had prior service, he reenlisted in the Regular Army on 12 March 1964.  He was honorably discharged on 20 June 1966 and immediately reenlisted on 21 June 1966.  He served in Vietnam from 1 December 1968 to      1 December 1969 as an indirect fire crewman and was awarded the Army Commendation Medal with “V” device.  He was promoted to Staff Sergeant, E-6 on 20 May 1970.  He had no record of non-judicial punishment under Article 15, Uniform Code of Military Justice during his last enlistment.

The separation paperwork is not available.  The following information was obtained from the Army Discharge Review Board (ADRB) proceedings.

On 15 November 1971, the applicant was convicted of three counts of armed robbery by civil court and sentenced to three consecutive one-year terms of confinement at hard labor.

On 10 June 1972, the applicant was personally advised that he was being recommended for elimination.  He refused to sign the elimination forms that were provided to him.  He was then notified of the intent to separate him under the provisions of Army Regulation 635-206, misconduct – conviction by civil court and issuance of an undesirable, UOTHC discharge.

On 13 June 1972, an inquiry was sent to the Clerk of the Court to determine if the applicant had filed an appeal.  The unit received a negative reply.

On 24 August 1972, the appropriate authority approved the recommendation and directed issuance of an undesirable discharge.

On 14 September 1972, the applicant was discharged, with a discharge UOTHC, in pay grade E-1 under the provisions of Army Regulation 635-206 for civil conviction.  He had completed a total of 9 years, 9 months and 21 days of creditable active service and had 342 days of lost time (all civil confinement).  

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct (fraudulent entry, conviction by civil court, and absence without leave or desertion).  That regulation provided, in pertinent part, for the elimination of enlisted personnel for misconduct when they were initially convicted by civil authorities, or action taken against them which is tantamount to a finding of guilty, of an offense for which the maximum penalty under the Uniform Code of Military Justice is death or confinement in excess of 1 year.

On 13 March 1987, the ADRB denied the applicant’s request for an upgraded discharge.

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 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 and, in the absence of evidence to the contrary, it is presumed his administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  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

__GDP___  __CLG___  __CJP___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999029994	
SUFFIX		
RECON		
DATE BOARDED	19991229	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19720914	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	A61.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.