MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 March 2000                   
	DOCKET NUMBER:   AR1999030414

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter		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 under other than honorable conditions (UOTHC) be upgraded.

APPLICANT STATES:  That he was not allowed to eat until he finished scraping loose plaster on the windows in his barracks.  His lieutenants gave evidence that such an order was not valid.  He provides no supporting evidence.

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

He was inducted into the Army on 18 September 1961.  He completed basic combat training.  He did not complete advanced individual training (AIT) 051.00 (Radio Operator); he did complete AIT 111.00 (Light Weapons Infantryman).

On 30 May 1962, the applicant was convicted by a summary court-martial for being absent without leave (AWOL) from 12 – 15 May 1962 and for breaking restriction.  He was sentenced to be reduced to private, E-1, to forfeit $27.00 pay for 1 month, and to be restricted to the company area for 3 weeks.

On 10 July 1962, the applicant was convicted by a special court-martial for disobeying a lawful order from his first sergeant to report to the charge of quarters for a detail.  He was sentenced to confinement at hard labor for             3 months and to forfeit $55.00 pay for 3 months.

On 26 June 1962, the applicant received a psychiatric evaluation.  No mental defect or disease sufficient to warrant disposition through medical channels was found.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right and to cooperate in his own defense.

On 26 July 1962, the applicant’s commander recommended he be separated under the provisions of Army Regulation 635-208 for unfitness, frequent incidents of a discreditable nature with military or civilian authorities.  The applicant’s refusal to take orders, refusal to maintain personal cleanliness and his complete disregard for his responsibilities as a soldier were cited.  It was noted that he had been transferred from one platoon to another and that his squad leaders were changed but he would not perform his duties.

On 14 August 1962, the applicant was notified of the contemplated action.  He waived his right to appear before a board of officers, waived his right to counsel, and elected not to submit a statement in his own behalf.

On 24 August 1962, the appropriate authority approved the recommendation and directed the applicant receive an Undesirable Discharge Certificate.

On 10 September 1962, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness, with a discharge UOTHC.  He had completed 9 months and 13 days of creditable active service and had 72 days of lost time (3 days AWOL and 69 days confinement). 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following:  frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.

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.

2.  The applicant received an administrative, not a punitive discharge.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The Board notes that disobeying one order was not the only incident that led to his discharge.  

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

__JH____  __TDH___  __CJS___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030414	
SUFFIX		
RECON		
DATE BOARDED	20000309	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19620910	
DISCHARGE AUTHORITY	AR 635-208 	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.5100	
2.		
3.		
4.		
5.		
6.