MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002081395

         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. Melvin H. Meyer		Chairperson
Mr. Curtis L. Greenway		Member
Ms. Mae M. Bullock		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: In effect, that he went absent without leave (AWOL) because his mother was sick and he went into depression and could not leave her side. He thought his being there would help her but she died anyways. Because of his state of mind at the time, he chose not to explain why he was AWOL and not to fight the discharge proceedings. He loved the Army and his country and his discharge still haunts him to this day. In support of his application he submits a letter from his step-daughter who contends, in effect, that he is an honorable man who deserves compassion in this matter.

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

He initially enlisted in Savannah, Georgia, in the Georgia, Army National Guard (GAARNG) on 16 April 1962. He continued to serve until he was honorably discharged on 16 December 1962.

He enlisted in the Regular Army on 12 February 1963 for a period of 3 years, training as an infantryman and assignment to Korea. He completed his training and was transferred to Korea on 25 May 1963. He was advanced to the pay grade of E-3 on 24 October 1963.

On 30 December 1963, nonjudicial punishment (NJP) was imposed against him for reckless driving. His punishment consisted of a forfeiture of pay.

On 20 March 1964, NJP was imposed against him for leaving his place of duty without permission. His punishment consisted of extra duty.

On 3 April 1964, NJP was imposed against him for failure to go to his place of duty and for lying to a commissioned officer. His punishment consisted of a reduction to the pay grade of E-2.

He was again advanced to the pay grade of E-3 on 4 May 1964 and was transferred to Fort Hood, Texas, on 30 July 1964. He reenlisted on 30 September 1964 for a period of 3 years and assignment back to Korea. He was transferred back to Korea on 14 November 1964.

On 24 March 1965, NJP was imposed against him for failure to go to his place of duty. His punishment consisted of a reduction to the pay grade of E-2, extra duty and restriction.

On 11 October 1965, NJP was imposed against him for the misappropriation of a government ¾ ton truck. His punishment consisted of restriction and extra duty.

He was convicted by a summary court-martial on 22 October 1965 of disobeying a lawful order. He was sentenced to be reduced to the pay grade of E-1, a forfeiture of pay and restriction.

On 1 November 1965, NJP was imposed against him for operating a ¾ ton truck in a reckless manner, in such a way that he struck and injured a first sergeant. His punishment consisted of a forfeiture of pay, extra duty and restriction.

On 18 November 1965, his commander initiated action to bar him from reenlistment. He cited the applicant's disciplinary record, his unsatisfactory conduct and efficiency and his failure to respond to numerous counseling sessions and rehabilitation efforts. The applicant elected not to submit matters in his own behalf and the bar to reenlistment was approved on 23 November 1965.

The applicant departed Korea on 27 November 1965 and was transferred to Fort Benning, Georgia.

The applicant went AWOL on 30 December 1965 and remained absent until he was returned to military control on 8 January 1966. He again departed AWOL on 9 February 1966 and remained absent until he was apprehended by military authorities in Savannah and was returned to military control at Fort Gordon, Georgia, on 18 March 1966, where charges were preferred against him.

He was convicted of AWOL charges by a special court-martial on 12 April 1966 and was sentenced to confinement at hard labor for 6 months, reduction to the pay grade of E-1 and a forfeiture of pay.

The applicant underwent a psychiatric examination on 21 April 1966 and the examining psychiatrist opined that there was no disqualifying mental defect, that the applicant was mentally responsible, able to distinguish right from wrong and to adhere to the right.

On 18 May 1966, the applicant's commander initiated a recommendation to separate the applicant from the service under the provisions of Army Regulation 635-208 for unfitness, due to his frequent involvement in incidents of a discreditable nature with civil/military authorities. He cited the applicant's disciplinary record, his failure to respond to repeated counseling sessions and his failure to respond to rehabilitation attempts by the chain of command as the basis for his recommendation.

The applicant waived his right to appear before a board of officers on 8 April 1966 and opted not to submit a statement in his own behalf.

The appropriate authority (a major general) approved the recommendation on 15 June 1966 and directed that he be furnished an Undesirable Discharge Certificate.

Meanwhile, the applicant again went AWOL on 23 June and remained absent until 29 June 1966. Upon his return, he was discharged on 30 June 1966, under the provisions of Army Regulation 635-208 for unfitness, due to frequent involvement in incidents of a discreditable nature with civil/military authorities. He had served 3 years, 9 months and 17 days of total active service and had in excess of 150 days of lost time due to AWOL and confinement.

A review of the applicant's records fails to reveal any indication that he was experiencing family problems or that there was an illness in his family.

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

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reasons of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities, sexual perversion, drug addiction, shirking or establishing a pattern showing dishonorable failure to pay just debts. 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. 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.

2. The applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would tend to jeopardize his rights.

3. Accordingly, the type of discharge directed and the reasons therefore were appropriate considering all of the available facts of the case.





4. The applicant’s contentions have been noted by the Board; however, they are not supported by either the evidence submitted with his application or the evidence of record. After considering his overall disciplinary history and undistinguished record of service, the Board finds no basis to warrant an upgrade of 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

__mm___ __clg____ ___mb __ DENY APPLICATION

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

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INDEX

CASE ID	AR2002081395
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/04/17
TYPE OF DISCHARGE	UD
DATE OF DISCHARGE	1966/06/30
DISCHARGE AUTHORITY	AR635-208
DISCHARGE REASON	UNFIT
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 583	144.5000/A51.00
2.
3.
4.
5.
6.