MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 31 October 2002
         DOCKET NUMBER: AR2002074741

         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Curtis L. Greenway		Chairperson
Ms. Regan K. Smith		Member
Mr. Donald P. Hupman		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: In effect, that his undesirable discharge be upgraded to a more favorable discharge.

APPLICANT STATES: In effect, that he finished his tour of duty and served 6 months of confinement, as a result of a special court-martial. After his release, he was given an unexpected and unannounced undesirable discharge. He further states that he has been a good citizen since his discharge and that equity and good conscience dictate that his discharge be upgraded.

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

The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, reconstructed records show:

He was born on 6 July 1931 and was inducted at Coney Island, New York, on 4 January 1952. It appears that he completed his training and was transferred to Nuremberg, Germany, for assignment to an Armored Field Artillery (AFA) battery, for duty as a cook.

On 18 April 1952, he was convicted by a summary court-martial of being absent without leave (AWOL) from 4 April to 14 April 1952. He was sentenced to a forfeiture of pay and restriction.

On 16 October 1952, nonjudicial punishment was imposed against him for a pass violation. His punishment consisted of extra duty for 14 days.

He was convicted by a special court-martial on 18 May 1953, of being disrespectful towards a commissioned officer. He was sentenced to confinement at hard labor for 3 months (suspended for 3 months) and a forfeiture of pay.

On 9 November 1953, he was convicted by a special court-martial of sleeping on his guard post. He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.

On 13 January 1954, medical personnel deemed the applicant free of mental and physical disabilities. He also underwent a medical and physical examination and was cleared for separation.

On 14 January 1954, the applicant’s commander initiated a request to have the applicant appear before a board of officers to determine if he should be discharged under the provisions of Army Regulation 615-368 for unfitness, due to undesirable habits and traits of character. He cited as the basis for his recommendation, the applicant’s disciplinary record, his repeated unsatisfactory efforts of doing his job, poor showing of military courtesy and discipline, his substandard appearance, his indifferent attitude, lack of sense of responsibility, failure to adjust properly to military discipline and standards, his failure to respond favorably to repeated counseling sessions from his chain of command, his failure to respond to rehabilitation attempts when moved to different jobs, and his inability to accomplish the simplest tasks in a satisfactory manner without maximum supervision. His commissioned and noncommissioned officer (NCO) chain of command also provided sworn statements that supported the applicant’s poor performance, appearance and conduct and efficiency. The applicant acknowledged his rights, elected to be represented by counsel and to provide witnesses in his own behalf.

The applicant appeared before the board of officers with his counsel on 11 February 1954. Three junior enlisted personnel were called to testify on behalf of the applicant and stated, in effect, that they liked him and that he was a good cook and ammo handler. The applicant’s chain of command testified that the applicant’s appearance was always poor and required constant supervision to keep him presentable. He did not do an acceptable job in anything he attempted and his vehicle was not maintained in the proper manner. He was considered a bad influence and despite the fact that the unit employed a barber and tailor, he was always in need of a haircut and serviceable clothes. Testimony from members of the chain of command all agreed that his presence was a detriment to morale and discipline in the unit and that he should be discharged.

After hearing testimony and reviewing the evidence presented, the board found that the applicant gave evidence of habits and traits of character which rendered his retention in the military service as undesirable. The board recommended that he be discharged for unfitness due to his undesirable habits and traits of character and that he be furnished an Undesirable Discharge Certificate.

The appropriate authority approved the findings and recommendation of the board on 25 February 1954.

Accordingly, the applicant was returned to Camp Kilmer, New Jersey, where he was discharged under other than honorable conditions on 30 March 1954, under the provisions of Army Regulation 615-368, for unfitness, due to undesirable habits and traits of character. He had served 1 year, 10 months and 21 days of total active service and had 125 days of lost time due to AWOL and confinement.

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



Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character that rendered them unfit for military service. 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, 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 of the facts of the case.

3. The applicant has failed to convince the Board through the evidence submitted with his application or the evidence of record that his discharge was unjust and should be upgraded.

4. Careful consideration has been given to the applicant’s contentions. However, they are not sufficiently mitigating to warrant relief when compared to his record of undistinguished service and disciplinary record.

5. 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.

6. 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

___dh___ ___clg___ __rks ___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002074741
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/10/31
TYPE OF DISCHARGE	UD
DATE OF DISCHARGE	1954/03/30
DISCHARGE AUTHORITY	AR615-368
DISCHARGE REASON	UNFIT
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 731	144.7900/A79.00
2.
3.
4.
5.
6.