MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 March 2003
	DOCKET NUMBER:   AR2002077093

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Frank C. Jones II		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 an honorable or a general discharge.

APPLICANT STATES:  That he was absent; however, his mother was very ill and he believed that he needed to be with her.  He further states that he was also incarcerated for an assault charge and that the two incidents led to his being absent without leave (AWOL) and desertion.  He believes that the characterization of his service has served its purpose and he requests that his discharge be upgraded.  He concludes by stating that justice has been served because he has had to live with the stigma of a less than honorable discharge for almost 40 years and he would like to be buried with military honors.

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

On 24 May 1961, he enlisted in the Army for 3 years in the pay grade of E-1 and he was assigned to Fort Benning, Georgia.  He successfully completed his training as a field communications crewman.

On 30 July 1962, the applicant was convicted by a special court-martial of sleeping while being posted as a sentinel.  He was sentenced to perform hard labor without confinement for 3 months and forfeiture of pay in the amount of $50.00 per month for 6 months.

On 20 August 1963, he was convicted by a special court-martial of being AWOL from 20 May until 31 July 1963.  He was sentenced to confinement at hard labor for 3 months and a forfeiture of pay in the amount of $30.00 per month for 3 months.

On 30 September 1963, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-208 for unfitness.  He acknowledged receipt of the notification and he waived his right to be represented by counsel and to appear before a board of officers.

The applicant was interviewed on 7 October 1963, at which time he was again advised of his rights.  During the interview he stated that after he was tried for the offense of sleeping on guard post, he was looked down on by the first sergeant of his unit.  He stated that the incident, along with the illness of his mother and the financial conditions at home were the reasons for his prolonged periods of AWOL.  The interviewing officer stated that the applicant did not like the Army and that he wanted to get out regardless of the type of discharge he would receive.  The interviewing officer went on to state that the applicant had the intelligence to be rehabilitated; however, he believed that in view of his desire to get out of the Army, the applicant was not properly motivated for completing his service obligation.  The interviewing officer concluded that he possessed no future potential usefulness for the service.
On 7 November 1963, the appropriate authority denied the recommendation for discharge and directed that he be reassigned to another organization.  

The applicant went AWOL again on 27 November 1963 and while he was AWOL he was arrested by civil authorities on 29 November 1963 and charged with forcible rape and impersonating a police officer.  After he was identified from a police line-up, he posted property bond in the amount of $5,500.00 and he was released to a court liaison representative inside the state police barracks with civil charges pending.  On 30 November 1963, he was released to the military police desk sergeant at the Special Processing Detachment, Fort George Meade, Maryland for further disposition.

The applicant was convicted by a summary court-martial on 17 March 1964, of being AWOL from 5 February until 6 March 1964.  He was sentenced to confinement at hard labor for 1 month and a forfeiture of pay in the amount of $55.00.

On 16 March 1964, the applicant was recommended for discharge from the Army under the provisions of Army Regulation 635-208, based on unfitness.  The appropriate authority approved the recommendation for discharge on 25 March 1964.  Accordingly, on 10 April 1964, the applicant was discharged under the provisions of Army Regulation 635-208, due to unfitness.  He had completed 2 years, 3 months and 1 day of total active service and he had approximately 225 days of lost time due to AWOL and confinement.  He was furnished an Undesirable Discharge Certificate.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities.  An undesirable discharge was normally considered appropriate.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that Board’s 15-year statute of limitations.

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 the facts of the case.
3.  The Board has noted the applicant’s contentions.  However, he was provided numerous opportunities to remain in the Army and he had no desire to do so.  He continuously went AWOL and while he was AWOL he was arrested by civil authorities for committing serious offenses.  He had 225 days of lost time and in view of his numerous acts of indiscipline, his service was appropriately characterized.

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___  ___lds___  __wtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002077093	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/03/06	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19640410	
DISCHARGE AUTHORITY	AR 635-208 	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000	
2.		
3.		
4.		
5.		
6.