MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 August 2000                   
	DOCKET NUMBER:   AR1999033873

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs 		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Ernest W. Lutz Jr. 		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.

APPLICANT STATES:  In effect, that his grandmother, who had raised him from a baby, became ill and needed his support at home.  He states that he attempted to get a compassionate reassignment from Germany to the United States, but was unsuccessful.  He then became depressed and could not function.

In support of his application, he submits:  copies of his DD Forms 214 (Report of Transfer or Discharge); a copy of his record of assignments taken from his DA Form 20 (Enlisted Qualification Record); a copy of his Undesirable Discharge Certificate; a copy of a Military Airlift Command (MAC) Transportation Authorization; a copy of a 4 June 1970 letter (with endorsement) notifying him that he was being recommended for separation for unfitness; a copy of a 25 May 1982 letter from a doctor stating that the applicant is schizophrenic; a copy of a 1 June 1982 letter from the applicant's psychiatrist to the California Department of Social Services; a copy of a record of failed office appointments from 12 May 1992 to 10 November 1992; a copy of a 25 April 1970 letter from a neighbor to the applicant's commander explaining the need for the applicant to be with his grandmother; a copy of a 25 April 1970 letter from the applicant's grandmother's pastor; a copy of a 25 April 1970 letter from the applicant's grandmother's doctor; a copy of a handwritten 7 December 1975 letter from the applicant's pastor.

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

He enlisted in the Regular Army for 3 years on 15 November 1966.  Following Basic Combat Training (BCT) at Fort Lewis, Washington, he was transferred to Fort Huachuca, Arizona, for Advanced Individual Training (AIT) as an artilleryman.  He did not perform well in AIT, spending from 11 March 1967 to 5 January 1968 to complete the course of instruction.

While still in training, the applicant exhibited poor behavior.  He was absent without leave from 4-5 January 1967 and received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on 9 January 1967.  While in AIT, he was convicted by a summary court-martial on 17 February 1967 for disobeying a lawful order.  He was sentenced to confinement at hard labor for 1 month and forfeiture of $60.  On 11 May 1967, he was convicted by a special court-martial for three specifications of disobeying a lawful order and sentenced to confinement at hard labor for 3 months and forfeiture of $60 per month for 6 months.

Following AIT, the applicant was sent to Germany from January-April 1968.  On 19 March 1968, he reenlisted for 3 years.  He then received reassignment orders and was sent to Vietnam from 18 June 1968 through 7 June 1969.  His conduct and efficiency were labeled as unsatisfactory during his duty in Vietnam.

After leaving Vietnam, the applicant was assigned to Oakland Army Base, California, from July through December 1969, followed by another assignment to Germany.  In Germany, he received three NJPs:  on 8 April 1970 for failing to go to Kitchen Police (KP) duty; on 25 May 1970 for failing to go to guard duty; and on 12 June 1970 for failing to go to guard duty.  On 19 June 1970, he was convicted by a summary court-martial of assaulting a fellow soldier with a bunk adapter.

Although not in the applicant's file, his company commander recommended that he be separated for unfitness under the provisions of Army Regulation 635-212.  During the separation process, he was given a mental status evaluation and found to be a "sociopathic personality with paranoid trends."  He was medically and pyschiatrically cleared for separation.  On 7 August 1970, he was issued a DD Form 214 with an under other than honorable conditions characterization of service.  He had 2 years, 3 months, and 26 days of creditable service on his current enlisted and 24 days of lost time.  He had a total of 3 years, 8 months, and 29 days of service counting his first enlistment.

In 1982, the applicant was diagnosed by civilian medical personnel as being a schizophrenic.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on 31 May 1973, denied his request.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel who were found to be unfit or unsuitable for military service.  The regulation further provided, in pertinent part, that service members discharged for unfitness would be furnished an undesirable discharge, unless circumstances warranted a general or honorable discharge.  Service members discharged for unsuitability would be furnished an honorable or general discharge.

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 this requirement.

2.  The applicant's Army career was marked by repeated acts of indiscipline and numerous NJPs and courts-martial.  His discharge proceedings for unfitness were justified and were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

3.  The applicant was diagnosed as having a personality disorder, but was medically cleared for separation.  The Board notes his grandmother's illness; however, the applicant's unfitness for military service was demonstrated well before this event and the issue is not persuasive.

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

__dsj___  __kak____  __ewl ___  DENY APPLICATION

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

INDEX

CASE ID	AR1999033873	
SUFFIX		
RECON		
DATE BOARDED	20000801	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19700807	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A50.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.