MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 July 2001
	DOCKET NUMBER:   AR2001057987

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Eric N. Anderson		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 undesirable discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that his inability to adapt to the Army was not deliberate.  He was aggressive and suffered from a knee problem.  He further states that his conviction of larceny was only on the false word of a sergeant who abused his position and was racially divisive.

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

He was inducted into the Army on 30 December 1965 for 2 years.  He completed basic combat training at Fort Dix, New Jersey, and was reassigned to Fort Eustis, Virginia for advanced individual training as a carpenter (51B).

On 8 April 1966, the applicant received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for being disrespectful in language toward his immediate supervisor.  The punishment included an oral reprimand.

On 31 May 1966, the applicant was convicted by a special court-martial of larceny and destruction of property.  He was sentenced to 6 months confinement at hard labor, reduction to private, E-1, and a forfeiture of $35.00 per month for 
6 months.  He was so confined on 1 June 1966.

On 22 June 1966, the applicant underwent a psychiatric evaluation.  The psychiatrist found no disqualifying mental or physical defect sufficient to warrant disposition through medical channels.  He further stated that the applicant was mentally responsible, able to distinguish right from wrong and to adhere to the right, and had the mental capacity to understand and participate in board proceedings and to cooperate in his own defense.

On 12 July 1966, the applicant acknowledged his commander’s intention to recommend his discharge from the military service under the provisions of Army Regulation 635-208 for unfitness.  He was counseled and advised that the basis for this action was his frequent incidents of a discreditable nature with military authorities.  The applicant declined the opportunity to request counsel and did not desire to have his case heard before a board of officers.  Furthermore, he elected not to make a statement in his own behalf, and indicated that he fully understood the meaning and effect of an undesirable discharge.

On 13 July 1966, the applicant’s commander initiated a recommendation to separate him from the military service for unfitness.

On 1 August 1966, so much of the special court-martial sentence as was in excess of confinement at hard labor for 3 months, forfeiture of $35.00 per month for 3 months and reduction to the grade of private, E-1, was set aside.

On 4 August 1966, the appropriate authority approved the recommendation for discharge and directed that he be furnished an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 
15 August 1966.  He completed 5 months and 1 day of creditable active service and had 75 days lost time due to confinement.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character.  Paragraph 2 of that regulation provided, in pertinent part, for the separation of personnel where there was evidence of misconduct.  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.  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.

2.  The type of discharge and the reasons therefor were appropriate considering all of the facts of the case.

3.  The applicant’s contention that his misconduct was not deliberate is not sufficient to overcome the severity of the misconduct.  Furthermore, there is no evidence that anyone made a false accusation or that racial discrimination was a deciding factor in the applicant’s type of discharge.

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

__RVO_  __ HOF __  __ENA__   DENY APPLICATION

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

INDEX

CASE ID	AR2001057987	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/26	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19660815	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A64.00	
2.		
3.		
4.		
5.		
6.