MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             2 March 2000                  
	DOCKET NUMBER:    AR1999030439

	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.

	Ms. Deyon D. Battle		Analyst	

  The following members, a quorum, were present:

	Mr. Edwin S. Castle		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Kathleen A. Newman 		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 undesirable discharge be upgraded to an honorable or a general discharge.

APPLICANT STATES:  That he does not believe that his discharge was in error or unjust, however, he was young and irresponsible while he was in the Army and he has been a responsible person since his discharge.

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

He was inducted in the Army at age 21 on 13 January 1965 and he successfully completed his training as a small arms repairman.

Nonjudicial punishment (NJP) was imposed against the applicant on 23 April 1965 for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

On 2 August 1965, he was convicted by a special court-martial of being AWOL from 28 June until 11 July 1965 and for missing movement.  His sentence consisted of confinement at hard labor, a reduction in pay grade and a forfeiture of pay.

On 22 November and 14 December 1965, NJP was imposed against him for failure to repair.  His punishments consisted of restriction and extra duty. 

He convicted by a special court-martial again on 10 February 1966 of being AWOL from 27 December 1965 until 17 January 1966 and from 19 January until 25 January 1966.  His punishment consisted of confinement at hard labor and a forfeiture of pay.

A review of the records show that he had NJP imposed against him on two other occasions for fighting and for reporting late for work.  However, the record is void of what his punishments consisted of and the dates of the punishments.

On 31 March 1967, the applicant was convicted by civil authorities of “Short Check Felony”.  His sentenced consisted of confinement for a period not to exceed 5 years.

On 3 June 1967, the applicant was notified that a recommendation for discharge under the provisions of Army Regulation 635-206 had been initiated.  He acknowledged receipt of the notification and, after consulting with counsel, he waived his rights and he opted not to submit a statement in his own behalf.

The appropriate authority approved the recommendation for discharge on 14 June 1967.  Accordingly, on 19 June 1967, he was discharged under the provisions of Army Regulation 635-206 for misconduct – conviction by civil court. He had completed 11 months and 27 days of total active service.  He had approximately 422 days of lost due to AWOL and confinement and he was furnished an Undesirable Discharge Certificate.

There is no evidence of record that shows that the applicant ever properly applied to the Army Discharge Review Board for an upgrade of his discharge.

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 33 of the regulation provided, in pertinent part, that members convicted by civil authorities would be processed for separation.  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.  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.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant’s contention that he was young and irresponsible at the time of his induction in the Army has been noted by the Board.  However, the evidence of record clearly shows that he was 21 years old at the time that he was inducted in the Army.  He had NJP imposed against him no less than four times and he was convicted by a special court-martial twice.  He was later convicted by civil court.  Considering his numerous acts of misconduct, it does not appear that his undesirable discharge was too harsh.

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

__esc___  __kan____  __sk___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030439	
SUFFIX		
RECON		
DATE BOARDED	2000/03/02	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19670619	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	626	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  627		
2.		
3.		
4.		
5.		
6.