MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 September 2002
	DOCKET NUMBER:   AR2002075897

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 discharge under other than honorable conditions be upgraded.

APPLICANT STATES:  That he was unable to adjust to military life and his peers and leaders constantly harassed him over trivial matters.  He provides no supporting evidence.

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

He was inducted into the Army on 25 November 1959.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 111.07 (Light Weapons Infantryman).

On 17 November 1960, the applicant was convicted by a special court-martial    of being absent without leave (AWOL) from 20 September to on or about          18 October 1960.  He was sentenced to confinement at hard labor for 4 months and to forfeit $55.00 pay for 4 months.  Effective 16 December 1960, the unexecuted portion of the sentence to confinement and forfeiture was suspended for 3 months.  

On 25 May 1961, the applicant was convicted by a special court-martial of stealing personal property (clothing) from another soldier.  He was sentenced to confinement at hard labor for 3 months, to forfeit $55.00 pay for 3 months, and to be reduced to pay grade E-1.  

On 27 June 1961, the applicant was recommended for a bar to reenlistment.  The commander noted that the applicant consistently required supervision to prevent him from malingering, was a chronic complainer, presented a consistently poor personal appearance, and gave a poor performance of duty.  The bar was approved on 2 August 1961.

On 4 August 1961, the applicant was involved in an automobile accident.  The Medical Evaluation Board (MEB) Narrative Summary noted that on 4 August 1961, a pin was inserted into a broken right tibia.  On 7 August 1961, a third degree burn on his right thigh was debrided and a closed reduction of his right tibia and application of a short leg cast was performed.  On 11 August 1961, a graft was taken from his right and left thigh and placed on his right posterior media thigh.  On 17 August 1961, a laceration of his left knee was debrided.  On 6 November 1961, the pin in his right tibia was removed and a cast applied.  On 15 February 1962, a bone graft was performed on his right tibia.  On 26 February 1962, a short leg cast was applied, replaced by a long leg cast on 19 March 1962, which in turn was replaced with a short leg cast on 10 April 1962.  On      14 May 1962, he underwent simple right mastectomy surgery.

The Narrative Summary noted that the applicant had some residual weakness and stiffness and a protective limp on the right side at the time of his discharge from the hospital.  However, his range of motion and length of his leg qualified him for retention on active duty with a temporary physical profile.  It further noted that his chart was closed on 15 August 1962 for his transfer to the Separation Center; however, his discharge was delayed pending the results of administrative separation under the provisions of Army Regulation 635-208.

The applicant's discharge packet is not available.

On 5 September 1962, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness, with a discharge under other than honorable conditions.  He had completed 2 years, 4 months, and        4 days of creditable active service and had 157 days of lost time. 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following:  frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.

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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  It is noted that the applicant was convicted by special court-martial not only for AWOL but also for theft.  It is not credible to believe that any harassment he may have received would have led him to commit the offense of theft.  It is recognized that during his last 10/11 months of service he was hospitalized, in a leg cast, or recovering from several operations.  However, presumably his separation packet was begun prior to his 4 August 1961 accident due to misconduct that was documented with his court-martials and bar to reenlistment.  

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

__FNE __  __ BJE  _  __WDB __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002075897	
SUFFIX		
RECON		
DATE BOARDED	2002/09/10	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1962/09/05	
DISCHARGE AUTHORITY	AR 635-208 	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.