MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 January 2000                   
	DOCKET NUMBER:   AR1999033907

	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.

	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. John Saputo		Member	
	Mr. Allen L. Raub		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 (UOTHC) be upgraded.

APPLICANT STATES:  In effect, he feels that he was treated unfairly due to the circumstances which caused him to leave his place of duty without proper authority.  His lack of maturity was not considered by the Court and when he
offered to amend his actions the Court became bias and subjective instead of 
being objective and fair, by granting him the chance to correct his errors.

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

He was inducted into the Regular Army on 22 August 1969, at the age of twenty
(20) for a term of 2 years and had no prior service.

On 2 November 1967, the applicant accepted nonjudicial punishment (NJP), under Article 15, Uniform Code of Military Justice (UCMJ), for disobeying a lawful order.  His imposed punishment was 14 days restriction, 14 days extra duty and a forfeiture of $10.00 pay for 1 month.

On 11 September 1968, the applicant was convicted by a special court-martial 
for being absent without leave (AWOL) from 27 to 29 April 1968 and from 
9 to 23 August 1968.  His sentence was confinement at hard labor for 3 months, a forfeiture of $68.00 pay per month for 3 months and reduction to pay grade
E-1.

On 28 August 1969, the applicant was convicted by a special court-martial
for being AWOL from 20 November 1968 to 23 July 1969.  His sentence was confinement at hard labor for 6 months and a forfeiture of $65.00 pay per month for 6 months.

The DD Form 214 and DA-Form 20 shows the applicant had additional lost time. However, the particulars surrounding the incidents are missing from his file.

On 19 September 1969, the applicant completed a psychiatric evaluation.  He was found to be mentally able to distinguish right from wrong and to adhere to
right, and posses sufficient mental capacity to act in his own behalf in administrative procedures. 

On 23 September 1969, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-212 for unfitness.  On the same day the applicant was advised by legal counsel of the contemplated separation action and the rights available to him.  He waived personal appearance, consideration and representation by counsel before a board of officers.

On 2 October 1969, the appropriate authority approved the recommendation and directed the issuance of an Undesirable Discharge Certificate.  On 13 October 1969, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-212, for unfitness with a discharge UOTHC.  He completed 11 months and 14 days ofcreditable active service and had 382 days of lost time.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.
An undesirable discharge was normally considered appropriate.

On 20 September 1985, the Army Discharge Review Board denied the applicant’s request for an upgrade of his 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 the aforementioned requirement.

2.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant’s record of military service.

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

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

__ew____  __js____  __alr___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR19990333907	
SUFFIX		
RECON		
DATE BOARDED	20000106	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19691013	
DISCHARGE AUTHORITY	AR635-212 .  .  .  .  .  	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.5000	
2.		
3.		
4.		
5.		
6.