MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            13 April 2000     
	DOCKET NUMBER:   AR1999031145

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Ms. Sherri V. Ward		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 discharge under other than honorable conditions be upgraded.

APPLICANT STATES:  In effect, that his discharge should be upgraded.

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

At age 17, with parental consent, the applicant enlisted on 31 January 1964 for a period of 3 years.  He successfully completed basic training and was awarded military occupational specialty 111.00 (light weapons infantryman).

On 5 August 1964 the applicant was convicted by special court-martial (SPCM) of one period of AWOL (13 June 1964 to 18 July 1964).  His punishment consisted of confinement at hard labor for 6 months and forfeiture of $50 pay per month for 6 months.  On 10 August 1964, the convening authority approved only so much of the sentence as provides for confinement at hard labor for 2 months and to forfeit $50 pay per month for 4 months.  On 4 September 1964, the unexecuted portion of the sentence to confinement at hard labor was suspended until 4 October 1964. 

On 8 June 1965, the applicant was convicted by SPCM of two periods of AWOL (12 October 1964 to 25 January 1965 and 19 February 1965 to 10 May 1965) and escaping from confinement.  His punishment consisted of confinement at hard labor for 6 months and a forfeiture of $55.00 per month for six months.  The convening authority approved the sentence on 16 June 1965.  The unexecuted portion of the sentence to confinement was remitted effective 31 August 1965. 

On 1 June 1965 the applicant underwent a psychiatric evaluation and was cleared for administrative separation. 

On 29 June 1965 the applicant was notified of his pending separation under the provisions of AR 635-208 for unfitness.  After consulting with counsel, the applicant waived consideration of his case by a board of officers, waived representation by counsel and elected not to submit a statement in his own behalf.

On 30 June 1965 the unit commander recommended that the applicant be discharged under the provisions of AR 635-208 for unfitness with an Undesirable Discharge Certificate.  He cited the applicant’s three AWOL periods for a total of 220 days, his conviction by court-martial, lack of motivation for continued service coupled with his inability to become a satisfactory soldier and stated that the applicant’s record is characterized by an established pattern for shirking duty.  

The intermediate commander recommended that the applicant be separated with an undesirable discharge.
On 14 July 1965 the appropriate authority approved the recommendation for discharge under the provisions of Army Regulation 635-208, for unfitness.  He also directed that the applicant be furnished an Undesirable Discharge Certificate.

Accordingly, on 31 August 1965, the applicant was discharged under other than honorable conditions under the provisions of AR 635-208, for unfitness (an established pattern for shirking).  He had served 5 months and 20 days of total active service and had 406 days lost time due to AWOL and confinement.

On 22 June 1977 the applicant applied to the Special Discharge Review Program (SDRP) for an upgrade.  The SDRP determined that the applicant did not meet the criteria of the program and denied relief on 17 October 1977.

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, in pertinent part, for the separation of personnel for an established pattern for shirking.  An undesirable discharge was normally considered appropriate. 

The Special Discharge Review Program, often referred to as the “Carter Program”, was announced on 29 March 1977.  The program mandated upgrade of administrative discharges if the applicant met one of seven specified criteria.

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 therefore were appropriate considering all the facts of the case.

3.  The SDRP denied the applicant’s previous request for a discharge upgrade.

4.  The applicant failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and should be upgraded.

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

FE_____  CLA_____  SVW_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031145	
SUFFIX		
RECON		
DATE BOARDED	20000413	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19650831	
DISCHARGE AUTHORITY	AR 635-208  	
DISCHARGE REASON	Unfitness	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.