MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  16 May 2000
	DOCKET NUMBER:   AR1999034158

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols 		Member	
	Mr. Van B. Cunningham		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 general discharge be upgraded to honorable and that his Social Security Number (SSN) be corrected to his current one.

APPLICANT STATES:  That his discharge should read honorable and his SSN is wrong.  He states that he has provided a copy of a certificate from the VA and a copy of his SSN but they are not attached to his application.

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

He enlisted at almost 20 years of age and entered active duty on 17 February 1971.  He completed training in field artillery and was assigned to Korea.  While there he was punished twice under Article 15, UCMJ for AWOL and breaking restriction.  On 3 August 1971 a Report for Suspension of Favorable Personnel Actions (Flag) was initiated based on his pending separation for unsuitability.

The documentation for the approved separation for unsuitability is not in the available record.  However, on 28 August 1971 the applicant was separated under authority of AR 635-212 under honorable conditions.  He had 6 months and 12 days creditable service but his 3 day AWOL is not reflected as lost time.

A review of all available military records shows that the SSN used throughout his military service was the same, including enlistment documents that the applicant signed.  He also used the same SSN when making inquires to obtain copies of records for veterans’ benefits many years after his separation.  It was not the same SSN that he now is using.

On 13 September 1974 the Army Discharge Review Board (ADRB), in a unanimous decision, voted to deny the applicant an upgrade of his discharge.  The ADRB brief noted that the applicant also was AWOL from 30 July to 5 August 1971 and that he had behavior problems with frequent absences from his unit.  His poor performance was due to his inability to control his personal life on and off duty.

Army Regulation 635-212, then in effect, set forth the policy and procedures for the administrative separation of enlisted personnel for unfitness and unsuitability. It provided, in pertinent part, for the discharge due to unsuitability of those individuals with character and behavior disorders.  When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record.

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.  There is no basis for granting the applicant an upgrade of his discharge or for changing his records to show that he served under a different SSN.

2.  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.

3.  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.

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

__AO___  __LE___  __VC___  DENY APPLICATION

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

INDEX

CASE ID	AR1999034158	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000516	
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.		
2.		
3.		
4.		
5.		
6.