MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 March 1999                   
	DOCKET NUMBER:   AR1999014736

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Curtis L. Greenway		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 to an honorable discharge.

APPLICANT STATES:  The reason he was given the discharge was because he wrote some bad checks and went to jail.  The most time he ever spent in jail was 30 days.  

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

He enlisted in the Regular Army on 30 November 1973.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Infantryman).

On 19 February 1975, the applicant was arrested by civil authorities and pleaded guilty in the Municipal Court of Columbus (GA) to passing bad checks.  He was sentenced to 60 days in the county jail.  He served 28 days.  He did not appeal his conviction.

On 16 April 1975, the applicant completed a separation physical examination and was found qualified for separation.

On 25 April 1975, a mental status examination was completed on the applicant.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in board proceedings.

On 2 May 1975, action was initiated to separate the applicant under the provisions of Army Regulation 635-200, Chapter 13 for unfitness – frequent incidents of a discreditable nature.  The commander cited the applicant’s rehabilitative transfer in February 1975, his nine counseling statements for dishonored checks, indebtedness and being late to work and his six Article 15s for offenses including failure to repair, being disrespectful in language towards a non-commissioned officer, and being absent without leave (AWOL) on three occasions.

The applicant acknowledged receipt of the separation action, was advised by counsel, waived consideration of his case by a board of officers, waived personal appearance before such a board, and waived representation by counsel.  He submitted no statement in his own behalf.

On 25 July 1975, the appropriate authority approved the recommendation, waived another rehabilitative transfer, and directed the applicant be furnished an Undesirable Discharge Certificate.

The applicant’s DA Form 2-1, Personnel Qualification Record, shows the applicant was in confinement from 8 – 11August 1975.  Apparently this was a civil confinement.

On 11 August 1975, the applicant was discharged, in pay grade E-1, with a discharge UOTHC, under the provisions of Army Regulation 635-200, Chapter 13 for unfitness.  He had completed 1 year, 6 months and 28 days of creditable active service and had 42 days of lost time.  He was not available to sign his DD Form 214.

Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel.  Chapter 13, then in effect, contained the policy and outlined the procedures for separating individuals for unfitness when they were involved in frequent incidents of a discreditable nature with civil or military authorities and it was established that further efforts at rehabilitation were unlikely to succeed or they are not amenable to rehabilitation measures.

On 20 March 1980, the Army Discharge Review Board (ADRB) denied the applicant’s request to upgrade 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 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 applicant was discharged for unfitness, frequent acts of a discreditable nature.  These acts included not only his 28 days in civil confinement for passing bad checks but also his six Article 15s and numerous counseling statements for various offenses.

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

__CLA___  __VBC___  __CLG___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014736	
SUFFIX		
RECON		
DATE BOARDED	19990311	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1975/08/11	
DISCHARGE AUTHORITY	AR 635-200, Ch 13	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.