MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           30 October 2001
	DOCKET NUMBER:   AR2001059741

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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 (GD) be upgraded to an Honorable Discharge (HD).

APPLICANT STATES:  That he served in good faith and deserves an HD.  He provides no supporting documentation.

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

He enlisted in the Regular Army for 3 years on 22 July 1969.  Trained as a radio operator, he was sent to Germany.

He received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on two occasions.  On 30 June 1970, he was AWOL (absent without leave) for 2 days.  As punishment, he forfeited $20 pay for 1 month. On 4 August 1970, he was disrespectful in language towards his platoon sergeant.  As punishment, he received a suspended reduction to private/E-2, forfeiture of $50 pay for 1 month, and 30 days' restriction and extra duty.

The applicant's record indicates numerous counselings for his shortcomings by his chain of command, as well as changes in duty assignment in order to afford him the opportunity for rehabilitation under different leaders.

On 2 November 1970, the applicant's commander initiated action to separate him for unsuitability under the provisions of Army Regulation (AR) 635-212.  The applicant consulted with counsel on 4 November 1970 and was advised of the basis for the contemplated action.  He waived all of his rights and elected not to make a statement.  He was given a physical examination and a mental status evaluation and found to be fit for duty.  Further rehabilitative efforts were waived and, on 9 November 1970, the approving authority approved the applicant's separation with a GD.

The applicant was separated with a GD on 12 November 1970.  He had 1 year, 3 months, and 21 days of creditable service.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel who were found to be unfit or unsuitable for military service.  The regulation further provided, in pertinent part, that service members discharged for unfitness would be furnished an undesirable discharge, unless circumstances warranted a general or honorable discharge.  Service members discharged for unsuitability would be furnished an honorable or general 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 this requirement.

2.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service as evidenced by his record of NJPs and counselings.

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 __  ___AAO _  __HBO__  DENY APPLICATION

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

INDEX

CASE ID	AR2001059741	
SUFFIX		
RECON		
DATE BOARDED	20011030	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19701112	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A40.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.