MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 April 2000
	DOCKET NUMBER:   AR1999031168

	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. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. James E. Anderholm		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 (UD) be upgraded to an honorable discharge (HD).

APPLICANT STATES:  That while he was in the stockade he was married and the problems that he was having at home contributed to his going AWOL.  He further states that he was told that his discharge could be upgraded to honorable within 7 years.

COUNSEL CONTENDS:  That any and all doubt regarding the applicant’s request be resolved in his favor.

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

On 17 September 1959, he enlisted in the Army for 3 years in the pay grade of 
E-1.  He successfully completed his training as a supply clerk.  He was promoted to the pay grade of E-2 on 17 January 1960 and to the pay grade of E-3 on 1 June 1960.

On 2 May 1962, he was honorably discharged for the purpose of immediate reenlistment.  He had completed 2 years, 7 months and 16 days of total active service.

On 3 May 1962, he reenlisted in the Army for 6 years and he successfully completed his training as a refrigeration specialist.

The applicant was convicted by a special court-martial on 20 February 1964 of being AWOL from 31 August until 21 November 1963.  His sentence consisted of a forfeiture of pay and restriction.

Nonjudicial punishment (NJP) was imposed against the applicant on 10 March 1964, for breaking restriction.  His punishment consisted of a reduction in pay grade.

On 19 May 1964 NJP was imposed against him for being AWOL from 4 May until 6 May 1964.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

The applicant was convicted by a special court-martial on 6 October 1964 of being AWOL from 24 May until 14 September 1964.  His punishment consisted of confinement at hard labor, a reduction in pay grade and a forfeiture of pay.  

The facts and circumstances pertaining to the applicant's discharge are not on file. The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 17 November 1964, under the provisions of Army Regulation 635-208 for unfitness, based on his involvement in frequent incidents of a discreditable nature with civil or military authorities.  He had completed 4 years, 3 months and 21 days of total active service, and was issued an Undesirable Discharge Certificate.

A review of the available records fails to show that the applicant ever notified his chain of command that he was having problems at home or that he was told that his discharge could be upgraded 7 years after his discharge.

A review of the available records fails to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s15-year statute of limitations.

Army Regulation 635-208, then in effect, provided for the separation of personnel for unfitness.  Paragraph 10b(3) provides that separation action by the commander exercising general court-martial jurisdiction prior to board action may direct discharge because of unfitness of an individual who is involved in frequent incidents of a discreditable nature with civil or military authorities.

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.  He had NJP imposed against him twice and he was convicted by a special court-martial twice.  In view of his numerous acts of indiscipline, it does not appear that his UD was too severe.

3.  The applicant’s contentions have been noted by the Board.  However, there is no evidence of record that shows that his period of AWOL was the result of marital problems that he was experiencing at home.  Additionally, a review of his records fails to show that he ever notified his chain of command that he was experiencing problems at home.

4.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.
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

___ja___  __ew____  ___js____  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031168	
SUFFIX		
RECON		
DATE BOARDED	2000/04/06	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19641117	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	538	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  651	144.6300/A63.00	
2.  656	144.6400/A64.00	
3.		
4.		
5.		
6.