MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           29 May 2003                   
	DOCKET NUMBER:   AR2002081978

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		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 fully honorable.

APPLICANT STATES:  He needs his discharge upgraded to qualify for a Department of Veterans Affairs Home Loan.  He explains that at the time of his discharge, he was mentally unable to deal with the strict routine of the Army.  He has since matured a great deal, is now married and is the father of six children.

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

That on 28 April 1972, the applicant entered the Regular Army for a period of 3 years and was awarded the military occupational specialty of tank turret repairer.  At the time of his entry, the applicant was 17 years old, had completed the 9th grade, and scored 38 on the Armed Forces Qualification Test (indicating a person of average learning ability).  He successfully completed both basic and advanced individual training.

On 22 November 1972, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for sleeping on guard duty.  His punishment consisted of correctional custody for a period of 15 days.

On 6 February 1973, the applicant accepted NJP for disobeying an order to get out of bed and to clean his room.  His punishment consisted of a forfeiture of $60.00 and extra duty for seven days.

On 22 February 1973, the applicant accepted NJP for disobeying an order to turn down his stereo.  His punishment consisted of a forfeiture of $60.00, reduction to pay grade E-1, and extra duty and restriction for seven days.

On 6 March 1973, the applicant accepted NJP for dereliction in the performance of his duties by absenting himself from his guard post for 30 minutes.  His punishment consisted of a forfeiture of $60.00.

On 8 June 1973, the applicant accepted NJP for leaving kitchen police duties without permission.  His punishment consisted of a forfeiture of $71.00 and restriction and extra duty for 14 days.

The applicant’s complete discharge packet is not contained in his records.  However, the available documents indicate that on 18 July 1973, the applicant’s commander notified a holding detachment commander that the applicant was pending discharge for unfitness.  The basis for the action was the applicant’s five incidents of misconduct which resulted in NJP.

The applicant was discharged on 4 September 1973 under the provisions of chapter 13, Army Regulation 635-200, for unfitness and was issued an Undesirable Discharge Certificate.  He had a total of 1 year, 4 months and 7 days of active military service.

Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 13 established the policy and prescribes procedures for separating members for unfitness that included frequent involvement in incidents of a discreditable nature with civil or military authorities.  It provided that action would be taken to separate a member for unfitness when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions was normally considered appropriate when a discharge for unfitness was approved.

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.  Following the rules and regulations of the military is difficult for many people.  When transitioning from being a citizen in a free society to a member of an orders and discipline based organization, such difficulty can be expected.  That is one of the reasons why the Army has basic combat training.  This period is designed to help a new soldier make that transition.

2.  The fact that the applicant was not able to make the transition, when so many others do, does not form the basis for upgrading a properly issued discharge.

3.  Five NJP’s are more than sufficient basis for discharging a soldier for unfitness and issuing him an Undesirable Discharge Certificate.

4.  While the fact that the applicant has matured, married and is raising a family is commendable, it is not the type of post-service conduct which would constitute grounds for upgraded his discharge.

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

___fck ___  ___lls___  ____le____  DENY APPLICATION

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

INDEX

CASE ID	AR2002081978	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030529	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.