MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 May 2003 
	DOCKET NUMBER:   AR2002081986

	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. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones		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 undesirable discharge be upgraded to an honorable discharge by reason of physical disability.

APPLICANT STATES:  In effect, that he believes that he should have received an honorable discharge for physical disability because he is having medical problems he believes is related to his service.  In support of his application he submits three character references from third party sources.

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

He enlisted in Philadelphia, Pennsylvania, on 23 April 1965, for a period of 3 years and training as an infantryman.  He was transferred to Fort Gordon, Georgia, to undergo his training. 

On 21 August 1965, nonjudicial punishment (NJP) was imposed against him for assaulting another soldier.  His punishment consisted of a forfeiture of pay, extra duty and restriction.

He completed his advanced individual training as a light weapons infantryman and received orders transferring him to Europe.  His orders directed him to report to Fort Dix, New Jersey on 27 September 1965.  On 10 October 1965, NJP was imposed against him for being absent without leave (AWOL) from 27 September to 10 October 1965.

The applicant received a change of orders and was transferred to Vietnam on 18 December 1965, where he was assigned as a draftsman to Headquarters, Special Troops, United States Army, Vietnam (USARV) in Saigon.

In January 1966, he was admitted to the 3rd Field Hospital in Saigon following a seizure that he experienced after ingesting a fifth of whisky.

On 13 April 1966, he was convicted by a special court-martial of being AWOL from 20 January to 23 February 1966, and of wrongfully possessing two ration cards.  He was sentenced to confinement at hard labor for a period of 6 months and a forfeiture of pay.

In April 1966, while in the stockade, he was diagnosed as having psychomotor epilepsy since the age of 2½ years.  The examining physician directed that he be evacuated to the United States as a prisoner.  Accordingly, he was evacuated to Valley Forge General Hospital at Phoenixville, Pennsylvania, where he remained until he was reassigned to Fort Dix on 6 July 1966.

On 8 September 1966, he was convicted by a special court-martial of being AWOL from 21 July to 18 August 1966.  He was sentenced to be reduced to the pay grade of E-3, a forfeiture of pay and restriction.
On 20 October 1966, he underwent a neuropsychiatric examination which opined that that the applicant was mentally responsible, able to distinguish right from wrong and to adhere to the right.  He further opined that the applicant had an      "I don't care attitude" and that rehabilitation would be futile.  

On 9 November 1968, the applicant's commander initiated a recommendation to discharge the applicant from the service under the provisions of Army Regulation 635-212, for unfitness, due to his frequent involvement in incidents of a discreditable nature with civil/military/authorities.  He cited the applicant's disciplinary record as the basis for his recommendation and recommended that he be given an undesirable discharge.

On 25 November 1966, after consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.

The appropriate authority (a major general) approved the recommendation for discharge on 30 November 1966 and directed that he be furnished an Undesirable Discharge Certificate.

Accordingly, he was discharged under other than honorable conditions on 8 December 1966, under the provisions of Army Regulation 635-212, for unfitness, due to frequent involvement in incidents of a discreditable nature with civil/military authorities.  He had served 1 year, 2 months and 19 days of total active service and had 150 days of lost time due to AWOL and confinement.

He applied to the Army Discharge Review Board (ADRB) on 7 March 1981, for an upgrade of his discharge to honorable.  The ADRB determined that his discharge was both proper and equitable and unanimously voted to deny his request on 10 July 1984.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  It 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.

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 discharge under the provisions of Army Regulation 635-212 was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

2.  Accordingly, the type of discharge directed and the reasons therefore appear to be appropriate considering all of the facts of the case.

3.  The applicant's contentions and supporting documents have been considered by the Board; however, they are not sufficiently mitigating when compared to his overall undistinguished record 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

__fcj ____  ___ls ___  ___le ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002081986	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/29	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	1966/12/08	
DISCHARGE AUTHORITY	AR635-212	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A50.00	
2.		
3.		
4.		
5.		
6.