MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 January 1999                                      
	DOCKET NUMBER:   AR1999014873

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome 		Chairperson	
	Mr. Fred N. Eichorn 		Member	
	Mr. John P. Infante 		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 discharge be changed from “dishonorable” to a general discharge (GD). The applicant has an undesirable discharge (UD).

APPLICANT STATES:  In effect, that he was young and immature and should have waited a few years before joining the Army.

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

He enlisted in the Regular Army for 3 years on 6 May 1964 at age 17 years, 1 month.  He reported to Fort Leonard Wood, Missouri for basic training.  On 2 June 1964, he went AWOL from 2-8 June 1964.  Shortly after his return, he went AWOL again from 26 June 1964 to 14 January 1965.  Tried by a special court-martial on 11 February 1965, he was convicted and sentenced to confinement at hard labor for 6 months and forfeiture of $52.00 per month for 
6 months.  He was transferred to the Post Stockade, Fort Ord, California, to serve his sentence.

At Fort Ord, the applicant escaped from confinement on 10 April 1965 and was tried by a special court-martial on 11 May 1965.  He was convicted of escaping from confinement and sentenced to confinement at hard labor for 6 months and forfeiture of $55.00 per month for 6 months.  He was then transferred to the United States Disciplinary Barracks, Fort Leavenworth, Kansas, arriving there on 1 July 1965.

On 24 November 1965, the applicant was notified that he was being considered for discharge under the provisions of Army Regulation 635-208, for unfitness.  He acknowledged notification, was advised of his right to a hearing before a board of officers, and was counseled concerning the consequences of an under other than honorable conditions discharge; he waived his rights.  He was given a physical and psychological evaluation which found him in good physical health, but suffering from an antisocial personality.  He was recommended for separation.  On 3 December 1965, the applicant was approved for separation.  He was separated with a UD on 6 December 1965.  He had 1 month and 
25 days of creditable service and 525 days of lost time due to AWOL and confinement.

On 10 September 1970, the applicant sought a discharge upgrade through the Army Discharge Review Board (ADRB).  After a thorough review of his file, the ADRB denied his request on 29 June 1971.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided, in pertinent part, that members found to be unfit for further military service, and without rehabilitative potential, would be separated.  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, 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, to include evidence of good post-service conduct relative to family, employment, church, or community service that would mitigate the character of his discharge.

2.  The applicant’s good service was less than 2 months, so there is nothing in his file to warrant an upgrade based upon prior service.  There is nothing in his records to indicate that he ever took advantage of any form of assistance available to help him resolve his problems and become a better soldier.

3.  The applicant’s enlistment was voluntary and was made with parental consent.  His claim of youth and immaturity is belied by the repeated acts of misconduct during his period of service. 

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

___KJN _  __FNE __  __JPI ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014873	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990121	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19651206	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	A50.00	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.