MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           28 MARCH 2002
	DOCKET NUMBER:   AR2001060056

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson 		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Ronald E. Blakely		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 undesirable discharge be upgraded to a general discharge.

APPLICANT STATES:  In effect, that he believes his discharge may have been “unjust” because of his alcohol dependence and immature nature at the time.  He notes that he would like to have his discharge upgraded to “minimize future family disgrace for the mistakes and illness of [his] youth” and to honor his father who died during World War II.  He submits no evidence in support of his request.

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

He entered active duty in July 1959, at the age of 18, with 12 years of formal education and a GT (general technical) score of 106.  The applicant successfully completed training and received good or excellent conduct ratings while assigned to organizations at Aberdeen Proving Grounds and Fort Meade, Maryland.  He was transferred to Germany in August 1960 and promoted to pay grade E-3 in September.

In November 1960 he was convicted by a special court-martial of being drunk and disorderly in public, three counts of breaking restriction, and being AWOL (absent without leave) between 15 and 17 November 1960.  His punishment included confinement at hard labor for 6 months.

On 29 November 1960 the applicant acknowledged that his unit commander was initiating action to administratively separate him from active duty under the provisions of Army Regulation 635-208.  The applicant consulted with counsel and waived his attendant rights, including his right to submit a statement in his own behalf.  The applicant acknowledged that he understood that if he received an undesirable discharge he could be deprived of many or all rights as a veteran, and that he could expect to encounter substantial prejudice in civilian life.

In the unit commander’s recommendation, he cited the applicant’s repeated incidents of misconduct and his belief that the applicant lacked self-control and had no regard for military discipline and good order, as the basis for his recommendation.

A neuropsychiatric evaluation noted that the applicant was “an immature man who never has taken on responsibilities, and who runs away from them when they become onerous.  He has no motivation for fulfilling his obligation to the 

service.”  The evaluating psychiatrist indicated that the applicant was able to tell right from wrong and to adhere to the right and recommended he be discharged under the provisions of Army Regulation 635-208.  The applicant indicated on his separation physical examination that his health was good.  There was no mention of any alcohol dependence.

In January 1961 the unexecuted portion of his special court-martial sentence was remitted and the unit commander’s recommendation was approved.  The applicant was discharged under other than honorable conditions, in pay grade 
E-1, on 21 January 1961.  He was issued an Undesirable Discharge Certificate.

Army Regulation 635-208, then in effect, set forth the policy and procedures for separation of enlisted personnel for unfitness.  Unfitness included repeated petty offenses/frequent incidents of a discreditable nature with military or civilian authorities, sexual perversion, drug abuse, use of marijuana and an established pattern of dishonorable failure to pay just debts.  Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted 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 has submitted neither probative evidence nor a convincing argument in support of his request.  His contention that his level of immaturity and use of alcohol somehow justified or excused is behavior is without foundation.  

2.  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.

3.  While the applicant’s desire to shield his family from the embarrassment of the character of his discharge, and to honor his father, is noted, it does not outweigh the seriousness of his conduct while in the military and does not provide an adequate basis upon which the Board would grant relief at this time.

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

___GDP_  __DSJ __  __REB       DENY APPLICATION

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

INDEX

CASE ID	AR2001060056	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020328	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.