MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 April 2002                  
	DOCKET NUMBER:   AR2001062807

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		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 (UD) be upgraded to an honorable discharge (HD).

APPLICANT STATES:  The applicant makes no contentions.

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

That on 9 October 1967, he enlisted in the Regular Army for a period of 3 years. He completed the required training at Fort Polk, Louisiana, and he was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).  While assigned to Fort Polk, he received orders that stated he was to report to Fort Benning, Georgia, not later than 27 February 1968.  

On 9 February 1968, the applicant departed Fort Polk in a casual leave status and he arrived at Fort Benning on 29 February 1968, 2 days after he was due to report.  On 12 March 1968, he left his unit absent without leave (AWOL).  On 14 March 1968, civil authorities in Amarillo, Texas, arrested the applicant for transportation of a stolen vehicle.  All of the facts surrounding this offense are not available; however, on 13 May 1968, civil authorities "placed him on probation without supervision while in the military."  On 22 May 1968, he returned to military control at the Special Processing Detachment (SPD), Fort Carson, Colorado.  His record also reflects that he had lost time from 25-28 May 1968.  He was in pretrial confinement at Fort Carson from 29 May 1968-23 July 1968.  On 24 July 1968, he escaped.  

The record does not reflect when or how the applicant returned to military control, but, on 11 September 1968, he was convicted by a special court-martial of escaping from lawful confinement.  His sentence included confinement at hard labor for 6 months and forfeiture of $73.00 pay per month for 6 months.  He was in confinement from 25 July 1968-23 September 1968.  

The applicant was AWOL from 27-30 October 1968 and he was in pretrial confinement from 31 October-12 December 1968.  On 13 December 1968, he was convicted by a special court-martial of being AWOL from 27-30 October 1968.  His sentence included confinement at hard labor for 3 months and forfeiture of $73.00 pay per month for 3 months.  He remained in military confinement from 13 December 1968-26 February 1969.

On 27 February 1969, the applicant underwent a medical examination that determined he was qualified for separation.  On the same date, he was discharged.

The applicant's records do not contain all of the facts and circumstances surrounding the discharge process.  However, his record contains a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was prepared at the time of separation and authenticated by the applicant.  His DD Form 214 shows that on 27 February 1969, he was discharged under the provisions of Army Regulation 635-212, for unfitness, due to frequent involvement in incidents of a discreditable nature with civil or military authorities and issued a UD.  He had completed 6 months and 8 days of active military service and he had 236 days of lost time due to being AWOL and in confinement. 

On 24 June 1977, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge under the Department of the Defense Special Discharge Review Program (SDRP).  

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel and provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  A UD 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 this requirement.

2.  The available records show that the applicant was discharged for unfitness under the provisions of Army Regulation 635-212, due to frequent involvement in incidents of a discreditable nature with a UD.  Some of the facts and circumstances surrounding the discharge process are missing, however, the Board presumes regularity in the discharge process.  The applicant has provided no information that would indicate the contrary.   

3.  The applicant's conduct was inconsistent with the Army’s standards for acceptable personal conduct and the overall quality of his service does not warrant an upgrade of his 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

__KAK___  __MDM_  ___TL ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062807	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020423 	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19691009	
DISCHARGE AUTHORITY	AR635-212	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.5000	
2.		
3.		
4.		
5.		
6.