MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            11 May 2000                  
	DOCKET NUMBER:    AR1999032332

	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		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Christopher J. Prosser		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 discharge or, in the alternative, a general discharge.

APPLICANT STATES:  That he was denied a fair trial and his alleged military crimes did not merit an undesirable discharge.  In addition, he states that he was suffering from an undiagnosed disease, tuberculosis (TB), which would have required that he be given a medical discharge.  The applicant also chronicles his experiences in the Army.

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

He enlisted in the Regular Army on 25 February 1971 and was awarded the military occupational specialty of medic.

Between 10 February 1972 and 7 June 1973 he accepted nonjudicial punishment (NJP) on seven occasions for being AWOL, failure to maintain his living area, disobeying lawful orders, possession of illegal drugs, dereliction of duty, failure to repair, breaking restriction and disorderly conduct.

On 21 March 1973 the applicant’s commander informed his higher headquarters that he was going to recommend that the applicant be eliminated from the service.  The applicant’s commander stated that two bottles of an alcoholic beverage were found in the applicant’s unlocked locker.  The applicant initially stated that since the barracks was his home, he should be able to keep anything he would keep at home in the barracks, including “booze.”  However, once NJP was offered the applicant denied ownership of the alcoholic beverages.  The applicant’s commander said that he considered the applicant to be a troublemaker among the younger enlisted men, and that he was a discipline and morale problem.

Thereafter the applicant was given a physical examination and a mental status evaluation, both of which found him fit for duty without any limitations.

The applicant was notified of his commander’s intent to recommend his discharge due to unfitness and of his rights in conjunction with that recommendation.  The applicant waived all of his rights.

Accordingly, on 3 August 1973 the applicant was issued an Undesirable Discharge Certificate for Unfitness.  

Army Regulation 635-200 sets forth the policy and prescribes the procedures for administrative separation of enlisted personnel.  Chapter 13, in effect at that time, applied to separation for unfitness and unsuitability.  Paragraph 13-5(a)1 provided for the separation for unfitness, which included frequent incidents of a discreditable nature, sexual perversion, drug abuse, shirking, failure to pay just debts, failure to support dependents and homosexual acts.  When separation for unfitness was warranted 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 and applicable law and regulations, it is concluded:
1.  The applicant’s contention that his offenses did not warrant an undesirable discharge is not accepted.  He accepted NJP on seven occasions for violations of the UCMJ.  While none of his offenses were grievous, the repetitiveness of his offenses makes it clear that the applicant was a constant disciplinary problem to the command.  For such a pattern of misconduct, an undesirable discharge was certainly warranted.

2.  The applicant was not being court-martialed.  As such, he was not entitled to a trial.  However he was entitled to have a board of officers consider his case, but he waived that right and accepted his discharge.

3.  The applicant was given a separation physical examination and was determined to be medically qualified for separation.  He has not submitted any evidence that would show that he had a medical condition at that time which would warrant a medical discharge.

4.  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

_rvo ____  ___jma __  __cjp ___  DENY APPLICATION

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

INDEX

CASE ID	AR1999032332	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000511	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A51.00	
2.		
3.		
4.		
5.		
6.