MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            9 September 1999
	DOCKET NUMBER:   AR1998013255

	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. Loren G. Harrell		Director	
	Mr. Joseph Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Christopher J. Prosser		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:  In effect, that he be issued an Honorable Discharge Certificate. 

APPLICANT STATES:  In effect, that he completed his obligation in the Individual Ready Reserve and was never issued an Honorable Discharge Certificate.  He goes on to say that he is a Persian Gulf veteran who is receiving disability and was told at the hospital that they stopped giving out certificates.  He concludes by stating that he thinks he deserves one and was told if he requested one in writing from this Board that he would be sent one.

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

On 19 May 1989, the applicant enlisted in the USAR delayed entry program (DEP) for a period of 8 years.  On 14 June 1989, he was discharged from the DEP and on 15 June 1989, he enlisted in the Regular Army for 4 years.  

The applicant completed his active duty service honorably on 11 October 1993 and was separated by reason of expiration of his term of service.  At the time of his separation from active duty the applicant had completed 4 years, 3 months, and 27 days of active military service.  The applicant’s active duty record of service shows that he attained the rank of specialist./E-4; that he completed an overseas tour in Italy; that he completed 3 months of combat service in Southwest Asia during Operation Desert Storm; and that he earned the Army Service Ribbon, the National Defense Service Medal, the Southwest Asia Service Medal, the Parachutist Badge, two Army Achievement Medals, French Army Parachutist Badge, and the Overseas Service Ribbon.  The evidence of record shows that the applicant was appropriately issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) which documents his honorable active duty service.

On 8 September 1993, the applicant enlisted in the Michigan Army National Guard for 3 years, 7 months, and 7 days which would have allowed him to complete his total 8 years service obligation on 14 April 1997.  However, on 
31 October 1995 the applicant was discharged from the National Guard and as a Reserve of the Army, under the provisions of Paragraph 26q, National Guard Regulation 600-200.  The reason for the applicant’s discharge was acts or patterns of misconduct and his service was characterized as under other than honorable conditions (UOHC).  This discharge was a complete separation from the military service; the applicant was not transferred to the USAR or placed in any other military status; in addition, the applicant had not completed his military obligation prior to this discharge.

Paragraph 1-34 (Statutory Military Obligation), Army Regulation 135-178 (Army National Guard and Army Reserve, Separation of Enlisted Personnel) states, in pertinent part, that a discharge for the purpose of a complete separation from military service terminates the soldier’s statutory military obligation on the effective date of the discharge.  Paragraph 1-17b, states, in pertinent part, that the service of all soldiers are characterized when they are separated from the U.S. Army.  However, discharge certificates are issued only to those soldiers whose service is characterized as honorable or under honorable conditions (general).

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 evidence of record clearly shows that the applicant had not completed his military obligation prior to his discharge.  In fact, his service obligation was terminated as a result of his complete separation from military service with a service characterization of UOHC.  By regulation, discharge certificates are only issued to soldier’s who are discharged with a characterization of service of honorable or under honorable conditions (general).  Therefore, the Board found no basis for granting relief in this case.

2.  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. 

3.  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

__eo____  __cjp ___  ___inw __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013255	
SUFFIX		
RECON		
DATE BOARDED	1999/09/09	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1995/10/31	
DISCHARGE AUTHORITY	NGR 600-200, C8	
DISCHARGE REASON	A67.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.00	
2.  807	A92.17	
3.		
4.		
5.		
6.