MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            22 April 2003
	DOCKET NUMBER:   AR2002081500

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Mae M. Bullock		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:  That he was administratively discharged due to his inability to adjust to the Army and he would now like to join the American Legion.

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

He enlisted in Newark, New Jersey, on 14 June 1960 for a period of 3 years.  He was transferred to Fort Dix, New Jersey, to undergo his training.

On 9 January 1961, he was convicted by a special court-martial at Fort Dix of being absent without leave (AWOL) from 24 November to 29 November and 2 December to 30 December 1960.  He was sentenced to confinement at hard labor for 4 months, reduction to the pay grade of E-1 and a forfeiture of pay.  However, on 15 February 1961, the convening authority remitted the unexecuted portion of his sentence.

On 20 April 1961, he was convicted by a special court-martial of being AWOL from 20 March to 11 April 1961.  He was sentenced to confinement at hard labor for 6 months, reduction to the pay grade of E-1 and a forfeiture of pay.

The applicant underwent a neuropsychiatric evaluation and informed the examining psychiatrist that he got tired of the Army and went AWOL.  He also stated that he intended to go AWOL again until he was discharged.  The psychiatrist opined that he had no psychiatric disease and that he was not amenable to further rehabilitation.  He recommended discharge under the provisions of Army Regulation 635-208.

On 4 August 1961, the applicant's commander initiated a recommendation to separate the applicant from the service under the provisions of Army Regulation 635-208, for unfitness based on his frequent involvement in incidents of a discreditable nature with civil/military authorities.  He cited as the basis for his recommendation the applicant's disciplinary record and failure to respond to rehabilitation attempts.

After being advised of his rights, the applicant waived all of his rights and elected not to submit a statement in his own behalf.

The appropriate authority (a major general) approved the recommendation on 15 August 1961 and directed that he be furnished an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 25 August 1961, under the provisions of Army Regulation 635-208, for unfitness, due to frequent involvement in incidents of a discreditable nature with civil/military authorities.  He had served 7 months and 3 days of total active service and had 223 days of lost time due to AWOL and confinement.  He was still in a trainee status when he was discharged.

There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness due to frequent involvement in incidents of a discreditable nature with civil/military authorities or for having undesirable habits and traits of character that render then unfit for military service.  Separation under this regulation required a medical examination by a physician trained in psychiatry.  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’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

3.  The Board has noted the applicant's contentions and finds that his service is properly characterized when his undistinguished record of service is considered along with his record of misconduct during such a short period of service.

4.  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.

5.  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

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2002081500	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/22	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1961/08/25	
DISCHARGE AUTHORITY	AR635-208 	
DISCHARGE REASON	unfit	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/a51.00	
2.		
3.		
4.		
5.		
6.