MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 November 1998
	DOCKET NUMBER:   AC98-10781

	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	
	Ms. Joyce A. Wright		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis		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 his general discharge be upgraded to
an honorable discharge.

APPLICANT STATES:  In effect, that he served his first enlistment honorably.  He also states that his shoulder was dislocated which caused problems with 
his commander and that he was unable to perform his duties due to his medical condition. 

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

He enlisted on 23 October 1979 for a period of 3 years.  He continued to serve
until he was honorably discharged on 29 April 1982 for immediate reenlistment on 30 April 1982 for a period of 6 years.

On 27 May 1982, nonjudicial punishment (NJP) was imposed against the applicant for being AWOL from 22 May 1982 to 23 May 1982.  His punishment
consisted of a reduction to the pay grade of E-3, a forfeiture of pay, and 
14 days restriction and extra duty.

On 18 August 1982, NJP was imposed against the applicant for assault.  His
punishment consisted of a reduction to the pay grade of E-1, and a forfeiture of pay.  

On 30 March 1983, NJP was imposed against the applicant for failure to obey
a lawful general order or regulation.  His punishment consisted of 14 days
extra duty.

On 29 June 1983, the applicant was convicted by a civilian magistrate for assault, and was fined $200.00, which was also in conjunction with a previous military police blotter entry reporting apprehension by civilian authorities for possession of marijuana.

On 13 July 1983, NJP was imposed against the applicant for being disrespectful towards a noncommissioned officer.  His punishment consisted of 14 days restriction and extra duty.

On 20 September 1983, the applicant was notified that action to separate him 
from the service was being initiated.  He acknowledged receipt, however, he 
failed to respond by the suspense date of 22 September 1983, and his
packet was forwarded for action without the counsel’s consultation statement.

On 11 October 1983, the commander initiated the recommendation for separation from the service under the provisions of Army Regulation
635-200, chapter 14, based on his conviction by a civilian magistrate, of 
the charge of assault.  

The appropriate authority approved his request on 12 October 1983 and directed that he be issued a General Discharge Certificate.

Accordingly, he was discharged under honorable conditions on 26 October 1983 under the provisions of Army Regulation 635-200, chapter 14, for misconduct - commission of serious offense.  He had served 4 years, and 3 days of total active service.

There is no evidence that the applicant applied to the Army Discharge Review
Board for an upgrade of his discharge within its 15-year statute of 
limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of
enlisted personnel.  Chapter 14, establishes policy and prescribes procedures for separation of member for misconduct.   Specific categories include minor
disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion or absences without leave.  Action will be taken to separate a member for misconduct when it clearly establishes that rehabilitation is impracticable or is unlikely to succeed.

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 could
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 convinced the Board through the evidence submitted 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, his illegal drug abuse and patterns of misconduct were too serious to warrant further relief.

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

__be____  ___fe___  ___tap___  DENY APPLICATION

						Loren G. Harrell
						Director