MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 21 MAY 2002
         DOCKET NUMBER: AR2002068951

         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Thomas Lanyi		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)

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APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable.

APPLICANT STATES: That he was told that his discharge would be upgraded to honorable after 20 years.

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

The applicant enlisted in the Army for three years on 14 January 1957. He completed training and in June 1957 was assigned to Fort Hood, Texas.

On 23 September 1957 the applicant was referred for a psychiatric evaluation. A 24 September 1957 report of psychiatric evaluation diagnosed the applicant’s condition as inadequate personality, chronic, severe, manifested by inability to make relationships with other people and general emotional and sexual immaturity and manipulative behavior. There was no psychiatric disease present and there was no disqualifying mental or physical defects sufficient to warrant a medical discharge. The applicant was mentally responsible, able to distinguish right from wrong and adhere to the right and cooperate in his own defense if necessary. The examining doctor recommended that the applicant be separated from the Army under the provisions of Army Regulation 635-209.

In March 1958 the applicant was assigned to Fort Bliss, Texas.

The Unit Punishment Record (DD Form 789) shows that the applicant received nonjudicial punishment on 7 occasions from May 1958 to January 1959 for infractions such as failure to report to duty and AWOL from duty.

The applicant was arraigned, tried, and found guilty by a special court-martial on 11 September 1958 of willfully disobeying a lawful order.

A 14 September 1958 report of psychiatric evaluation shows that the applicant was referred for evaluation prior to board action. That report shows that the applicant stated that he had not been informed of his pending board action, that he liked the Army and did not wish to leave. The report indicates that the applicant stated that he had many hostile feelings toward his present unit where he felt that he was being picked on because he is a Negro. However, it was found that the applicant felt that he was picked on for the same reason in each unit to which he had been assigned. The report shows that the applicant had very little in the way of supervision as a child and that his peer group could easily be termed a street gang. It indicated that he left school in the 11^th grade and that

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he had been using alcohol since he was 13 years of age. He enlisted in the Army and was assigned to a mechanics school at Fort Dix, New Jersey; however, he heard that he would be assigned to Texas if he successfully completed the school, so he deliberately failed the course. The applicant was diagnosed as having a character disorder, asocial personality as manifested by his unwillingness to attempt to adjust to normal social and behavioral norms. The examining official recommended that the applicant be considered for separation under the provisions of Army Regulation 635-209.

A 3 February 1959 report of psychiatric evaluation shows that the applicant received nonjudicial punishment on 7 occasions and one court-martial in the past 10 months. The examining psychiatrist stated that the applicant’s behavior varied from friendly cooperative to that of being very angry, sullen and curt with the examiner. He expressed a great deal of hostility in a very passive manner. The applicant was diagnosed as indicated on his 4 February 1959 report of medical examination.

A 4 February 1959 report of medical examination shows that the applicant was medically qualified for separation with a physical profile serial of 1 1 1 1 1 2. That report shows that the applicant was diagnosed as having an immaturity reaction, passive-aggressive personality, manifested by acting out against authority and stubbornness. He was readily influenced by others and was apparently able to function well only when those negative attitudes were absent from his associates. The conditions were not disabling. The examining physician recommended that the applicant be separated from the service. In the report of medical history that the applicant furnished for the examination, he did not list any medical problems, other than mumps [when he was a child].

On 19 February 1959 the applicant’s commanding officer recommended that the applicant be required to appear before a board of officers to determine if he should be discharged for undesirable habits or traits of character under the provisions of Army Regulation 635-208. That recommendation was approved.

On 27 February 1959 the applicant was notified that a board of officers would convene to determine if he should be discharged from the service. The applicant acknowledged receipt of the notification.

The board convened on 5 March 1959. The applicant was present and represented by counsel. There were no witnesses called by the board or by the applicant. Counsel stated that the applicant’s conduct and efficiency were excellent prior to his assignment to Fort Bliss, and even after that his efficiency was good, although his conduct was unsatisfactory. Counsel stated that the

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applicant’s misbehavior was probably due to the applicant’s change of specialty and the lack of true counseling by his commanding officer. Counsel also called the board’s attention to the report of psychiatric evaluation, showing that the applicant had acted out against authority, which could be channeled by correct counseling.

The board found evidence of undesirability which rendered retention in the Army undesirable, and recommended that he be discharged from the Army because of undesirable habits or traits of character under the provision of Army Regulation 635-208. The board recommended that the applicant be furnished an Undesirable Discharge Certificate. On 9 March 1969 the separation authority approved the finding and recommendations of the board.

The applicant was discharged on 19 March 1959. He had 2 years, 2 months, and 6 days of service.

Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for undesirable habits and traits of character. Separation action was to be taken when the commander determined that the best interest of the service would be served by eliminating the individual concerned and that it is unlikely that he can be rehabilitated to the extent where he may be expected to become a satisfactory soldier. Undesirable habits and traits of character included antisocial or amoral trend, chronic alcoholism, criminalize, drug addiction, pathological lying, or misconduct; repeatedly committing petty offenses not warranting trial by courts-martial; is a habitual shirker; demonstrates behavior, participates in activities, or associations which tend to show that he is not reliable or trustworthy. An individual discharged because of undesirable habits or traits of character will be furnished an Undesirable Discharge Certificate.

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 separation for undesirable habits and traits of character and the characterization of his discharge was proper. The discharge proceedings were conducted in accordance with applicable law and regulations.

2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request. There is no basis in fact in the applicant’s statement that his discharge would be upgraded to honorable after 20 years.

3. 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 that requirement.

4. 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

__JLP___ __BJE _ __TL______ DENY APPLICATION

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

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INDEX

CASE ID	AR2002068951
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020521
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.	110.00
2.	360
3.
4.
5.
6.