MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           10 June 2003                  
	DOCKET NUMBER:   AR2002079819

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler 		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. John T. Meixell		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:  His discharge be upgraded.

APPLICANT STATES:  In effect, he was told at his court-martial that his discharge would automatically be upgraded after 6 months.

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

The applicant entered active duty on 13 April 1964.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 410 (Ammunitions Helper).  He reenlisted on 11 May 1965.

The applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) on 19 February 1965, for stealing food; 11 December 1965 for absence from his place of duty (AAPD), and on 23 December 1965 for failure to report for guard mount and breaking restriction; and on 27 January 1966, for AAPD.  On 10 January 1966, he was convicted by a summary court-martial of AWOL (absent without leave) and AAPD (absent from his appointed place of duty).

He reported to Vietnam, on 8 April 1966, for duty with the 550th Ordnance Detachment.  On 6 July 1966, he received his fifth NJP, for violating a lawful order.  He returned to the United States on 3 April 1967, reported in and was advanced to pay grade E-4.  He received two more NJPs for short AWOLs.

On 11 December 1967 a special court-martial found the applicant guilty of 42 days AWOL.  His sentence included confinement for 6 months.  His command initiated elimination proceedings on 12 December 1967.

On 19 December 1967, the applicant was afforded a psychiatric evaluation, which produced a diagnosis of passive aggressive personality disorder with a long history of non-adjustment to social situations.  He was cleared for any administrative decision or action deemed appropriate by his command.

On 21 December 1967, after consulting with counsel and being advised of his rights and options, the applicant acknowledged he had been advised of and understood his rights under the Uniform Code of Military Justice, that he could receive an undesirable discharge (UD) which would deprive him of many or all of his benefits as a veteran and that he could expect to experience substantial prejudice in civilian life if he received a UD.  He waived his rights to have his case considered by a board of officers, to appear personally before a board of officers, and to make a personal statement or to be represented by counsel.

The discharge authority approved the discharge recommendation and directed that the applicant be discharged for unfitness and furnished an undesirable discharge.

The applicant was discharged with an UD on 7 February 1968 under the provisions of Army Regulation 635-212.  His DD Form 214 (Report of Transfer or Discharge) shows he had 3 years, 5 months, and 17 days creditable service with 110 days lost due to AWOL or incarceration.  

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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

2.  His statement that he was told at his court-martial that his discharge would be automatically upgraded after 6 months is not credible, because he was not discharged by court-martial action.  There is not now nor has there ever been an automatic upgrade program or provision. 

3.  The applicant has provided no valid arguments or documentation to support his request for an upgrade of his discharge.  

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

__SAC__  _SLP ___  ___JTM__  DENY APPLICATION

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

CASE ID	AR2002079819	
SUFFIX		
RECON		
DATE BOARDED	20030610	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	Upgrade 	
2.		
3.		
4.		
5.		
6.