MEMORANDUM OF CONSIDERATION


	IN THE CASE OF:   
	


	BOARD DATE:           10 November 1998                   
	DOCKET NUMBER:   AC97-09612

	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.




	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 general discharge be upgraded to an honorable discharge.  He also requests an official document stating that John F. Kennedy was the President at the time of his enlistment and requests to know what his service number stands for.

APPLICANT STATES:  He was born in Austria so his primary language was German, not English.  He found out one year ago that he lost his Austrian citizenship when he enlisted in the U. S. Army.  He missed bed check.  Traitors and drug addicts have received honorable discharges; he should, too.

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

He was born in Austria.  When he was about 21 years old, he came to the United States to find his mother.  He found her in California and soon thereafter, on      30 October 1963, he enlisted in the Regular Army.  His conduct and efficiency ratings during basic training and advanced individual training were “excellent.”  He requested assignment to Europe, arrived there on 11 May 1964 and was assigned to Company A, 793d Military Police Battalion.  His conduct and efficiency ratings were “excellent” when he was reassigned to U. S. Army Garrison, Giessen on 13 October 1964.

Between January and July 1965, the applicant accepted non-judicial punishment on three occasions for being absent without proper authority (twice) and frequenting an off-limits establishment.

Between March and August 1965, the applicant was convicted by two summary courts-martial and one special court-martial for breaking restriction; being absent without proper authority and falsifying an official document; and failing to go to his appointed place of duty and breaking restriction, respectively.

On 24 August 1965, discharge action was initiated to separate the applicant under the provisions of Army Regulation 635-208 for unfitness.

On 24 August 1965, the applicant acknowledged that he was advised of the basis for the separation action.  He declined requesting (sic) counsel, waived a hearing of his case by a board of officers, and did not submit a statement in his own behalf.

On 24 September 1965, the action was returned to the commander inviting his attention to the Report of Psychiatric Examination (not available) and the recommendation of administrative action under Army Regulation 635-209 (for unsuitability).

On 1 October 1965, the commander still recommended separation for unfitness.

On 12 October 1965, the appropriate commander directed the applicant’s discharge under the provisions of Army Regulation 635-209 for unsuitability and directed he receive a general discharge.

On 28 October 1965, the applicant was discharged, with a general discharge, under the provisions of Army Regulation 635-209 for unsuitability in pay grade  E-1.  He had completed 1 year, 11 months and 29 days of creditable active service and had no lost time.

Army Regulation 635-209 set forth the basic authority for the separation of enlisted personnel for unsuitability.  That regulation provided, in pertinent part, that a member with a character or behavior disorder, disorder of intelligence, or transient personality disorder due to acute or special stress and was unlikely to develop sufficiently to participate in further military training and or become a satisfactory soldier, would be discharged for unsuitability.

On 20 February 1967, the applicant appeared and testified before the Army Discharge Review Board (ADRB).  In his testimony, he stated that he had requested permission to marry but it was denied because he was not an American citizen, but he had lost his Austrian citizenship upon his enlistment in the American Army.  He replied affirmatively to the question “…did you deliberately cause this bad record of disciplinary infractions or violations of rules to get thrown out of the Army?  Did you break restriction specifically to get them mad enough at you to give you a discharge?”  The ADRB denied his request for an upgrade.

On 15 August 1977, the ADRB denied the applicant’s request for an upgrade under the DOD Discharge Review Program (Special).

John F. Kennedy was President of the United States from the date of his inauguration on 20 January 1961 until the date of his death on 22 November 1963.

The applicant’s service number was the Army’s soldier identification system used prior to the use of the social security number.  The prefix “RA” meant the soldier had voluntarily enlisted in the Regular Army as opposed to the prefix “US,” which meant the soldier had been drafted into the Army of the United States.

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.  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 the aforementioned requirement.

2.  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.  In 1967, the applicant admitted that he deliberately caused his discipline infractions so he would be discharged.  Even though his primary language may have been German, he knew what the standards of military discipline were.

3.  If the above statement concerning President Kennedy is insufficient for the applicant’s purposes, recommend he visit the American consulate for further help.

4.  If the applicant is still having passport, visa or citizenship problems, recommend he contact the State Department as the appropriate agency to resolve these problems.

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

CMF_____  IEW_____  MKP_____  DENY APPLICATION




						Loren G. Harrell
						Director