MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  17 April 2001
	DOCKET NUMBER:  AR2001052521

	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. John H. Kern		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Melvin H. Meyer		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 DD Form 214 (Report of Transfer or Discharge) reflect that he was a high school graduate.

APPLICANT STATES:  That he did nothing wrong while in the service and that he was kidnapped by an anti-black group for 30 days.  He submits a statement from a state prison that states his inmate records show he had a high school diploma as of 18 June 1965.

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

He was inducted and entered active duty on 19 October 1967.  While still in training he was punished under Article 15, UCMJ for absence from his place of duty.  He completed training in field artillery and was assigned to Vietnam.  

While in Vietnam he was convicted by a summary court-martial of 3 days AWOL. Additionally, he was punished twice under Article 15, UCMJ for two specifications of absence from his place of duty, disobeying a lawful order and a general regulation, and failure to report.

On 6 March 1969, he was command referred for a psychiatric evaluation.  The resulting diagnosis was passive-aggressive personality.  He was able to distinguish right from wrong and to adhere to the right.  He did not have a mental or physical condition that qualified for disposition through medical channels.

On 7 March 1969, he was informed of the commander’s intent to recommend separation for unsuitability.  After consulting with counsel, the applicant waived consideration of his case by a board of officers and to submit statements in his own behalf.  The commander forwarded the recommendation for separation through command channels on 10 March 1969, citing the applicant's frequent misconduct and failed attempts at counseling and rehabilitation.

The separation authority approved the request and directed separation under honorable conditions (general).  Effective 21 March 1969, the applicant was separated under the authority of Army Regulation 635-212 for unsuitability.  He had 1 year, 5 months, and 3 days creditable service.  His lost time due to AWOL is not recorded on his DD Form 214.  His civilian education is listed as 11 years.

The applicant’s statement of personnel history, prepared in his own hand at the time of induction, shows his education as the 11th grade and that he was not a high school graduate.  The statement from the state prison, that the applicant had graduated from high school on 18 June 1965, does not say what evidence the statement was based on.

Army Regulation 635-212, then in effect, set forth the policy and procedures for the administrative separation of enlisted personnel for unsuitability.  It provided, in pertinent part, for discharge due to unsuitability of those individuals who displayed a lack of appropriate interest and/or an inability to expend effort constructively.  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.  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.  When provided the opportunity to provide a statement in his own behalf he declined to do so.  The type of discharge directed and the reasons for that separation were appropriate considering all the facts of the case.

2.  There is no evidence of record to substantiate the applicant's claim that he was held for 30 days by an anti-black group.  There is no evidence in the available records to demonstrate that the applicant was the victim of racial prejudice.

3.  Notwithstanding the statement from the state prison, the evidence of record shows that the applicant was not a high school graduate at the time of his induction.

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

__jk___  __mt____  __mm______  DENY APPLICATION

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

INDEX

CASE ID	AR2001052521	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010417	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19690321	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.	100.00	
3.		
4.		
5.		
6.