MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 May 2000 
	DOCKET NUMBER:   AR1999031639

	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. Carl W. S. Chun 
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Meta Waller 		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 honorable.

APPLICANT STATES:  That he was an alcoholic and could not get any treatment.

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

He enlisted on 24 January 1963 and, after training, was assigned to Fort Bragg, North Carolina.

On 25 February 1963, while undergoing basic training, the applicant was administered nonjudicial punishment (NJP) under Article 15, UCMJ, for missing bed check.

On 28 October 1963, the applicant was administered NJP for failure to report to his appointed place of duty.

On 30 November 1963, the applicant was tried by a special court-martial and found guilty of AWOL from 1 November 1963 to 12 November 1963.  He was sentenced to confinement at hard labor for 45 days (suspended for 45 days), hard labor without confinement for 45 days, forfeiture of $50.00 per month for 
3 months, and reduction in grade to private (E-1).

The applicant continued a history of disciplinary infractions, amassing a total of six more NJP actions while at Fort Bragg:  on 11 January, 4 February and 
9 March 1964, each time for failing to report to his appointed place of duty; and on 11 March, 27 April and 9 May 1964, each time for breaking restriction as a result of Article 15 punishment.

On 12 May 1964, the applicant’s commander recommended he be barred from reenlistment for habitual misconduct.  The special court-martial convening authority approved the bar to reenlistment on 15 May 1964.

On 13 October 1964, the applicant was tried by a special court-martial and found guilty of AWOL from 25 May 1964 to 13 June 1964, and from 20 June 1964 to 
7 August 1964.  He was sentenced to confinement at hard labor for 3 months and forfeiture of $50.00 per month for 3 months.

On 24 November 1964, the applicant’s commander recommended he be discharged for unfitness under the provisions of Army Regulation 635-208.  The applicant appeared before a board of officers on 16 December 1964, which supported the commander’s recommendation.  The separation authority approved the recommendations and directed the applicant be issued an Undesirable Discharge Certificate.

The applicant was discharged on 29 January 1965 at Fort Meade, Maryland.  He had 1 year, 4 months and 29 days of creditable service and 217 days of time lost.

Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness.  Separation action was to be taken when the commander determined that the best interest of the service would be served by eliminating the individual concerned and reasonable attempts to rehabilitate or develop the individual to be a satisfactory soldier were unlikely to succeed.  Unfitness included frequent incidents of a discreditable nature with military or civil authorities and an established pattern of shirking.  An undesirable discharge was normally considered appropriate.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

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

2.  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.

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

__jns___  __mdm___  __mw___  DENY APPLICATION

						Carl W. S. Chun
				      Director, Army Board for Correction
					         of Military Records

INDEX

CASE ID	AR1999031639	
SUFFIX		
RECON		
DATE BOARDED	20000524	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19650129	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.