MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            26 March 2002                   
	DOCKET NUMBER:    AR2001065652

	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. Lee Cates		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:  In effect, that his records be corrected to show that he was honorably discharged.

APPLICANT STATES:  He “enlisted because I belived in this Country even at      17 years old to be fair first to Americans as a whole…”

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

On 4 September 1968, at the age of 17, the applicant enlisted in the Army.  He completed his required training and was awarded military occupational specialty 76A (Supply Clerk).

During the period 30 January 1969 to 28 June 1970, he was issued nonjudicial punishment under Article 15, Uniform Code of Military Justice on 6 occasions for leaving his guard post, sleeping on guard duty, failure to go to his appointed place of duty, leaving his place of duty without permission and stealing his NCOs billfold.  His punishments were forfeitures, oral reprimands, reductions, and extra duty.

During the period 14 March to 6 July 1970, members of his chain of command formally counseled him on 15 occasions, for missing formations, bad appearance, disobedience, disrespect, conduct, and refusal to work.  

During the period 27 February to 24 August 1969, he served in a unit in Germany and from 3 October 1969 to 7 August 1970, he served in a unit in Vietnam.

On 25 June 1970, a psychiatric report cleared him for administrative discharge.

On 9 July 1970, a physical examination cleared him for separation.

On 20 July 1970, the unit commander notified the applicant that he was recommending his discharge prior to the expiration of his term of service because of unfitness, based on his frequent incidents of a discreditable nature with civil or military authorities and his established pattern for shirking.  He was advised on his rights.

The applicant, with legal counsel, waived consideration of and personal appearance before a board of officers and he elected not to submit statements in his own behalf and waived legal counsel.  He further indicated he understood that, as the result of issuance of an undesirable discharge, he might be ineligible for many or all benefits as a veteran under both Federal and State laws, and that he might expect to encounter substantial prejudice in civilian life.

On 4 August 1970, the appropriate separation authority approved the discharge and directed the applicant be issued an Undesirable Discharge Certificate.

On 9 August 1970, he was discharged with a characterization of service of under conditions other than honorable.  His records indicate he had 1 year, 11 months and 6 days of creditable service.

On 20 December 1982, the Army Discharge Review Board found his discharge to be proper and equitable and denied his request for upgrade.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of the regulation 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.  An undesirable discharge was normally considered appropriate.

This Board operates under the standard of presumption of regularity in governmental affairs.  The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper.  There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.

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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The Board notes the ADRB decision in his case and that the character of the discharge is commensurate with his overall record.

2.  The Board has also noted his contention of age: however, that does not compensate for his misconduct during his service, nor do they convince the Board that his discharge should be upgraded.

3.  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.

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

_dsj_____  _gdp___  _reb____    DENY APPLICATION

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

INDEX

CASE ID	AR2001065652	
SUFFIX		
RECON		
DATE BOARDED	200165652	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.000	
2.		
3.		
4.		
5.		
6.