MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 October 1999  
	DOCKET NUMBER:   AR1998012076

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Ernest W. Lutz, Jr.		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:  That his under other than honorable condition discharge (UOTHC) be upgraded to a fully honorable discharge (HD). 

APPLICANT STATES:  In effect, that he received an HD for his service from 1973-1976.  He received a UOTHC discharge for his service from 1979-1980.  When he was discharged in 1980, he had completed 4 years of active military service and he had completed 1 year of inactive military service in the Army National Guard (ARNG).  He does not believe that he deserve a life time sentence for the offenses that he committed. 

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

on 1 February 1973, he enlisted in the Regular Army (RA) and served until he was honorably discharged on 26 January 1976.  On 27 January 1976, he enlisted in the ARNG and served until he was honorably discharged on 
10 November 1977.  

On 11 November 1977, he reenlisted in the RA for 4 years and his previous military occupational specialty (MOS) 12B (Combat Engineer). 

Between January and August 1978, the applicant accepted four nonjudicial punishments under the provisions of Article 15, Uniform Code of Military Justice for two occasions of leaving his appointed place of duty without proper authority, dereliction in the performance of his duties and for being disrespectful in language toward a noncommissioned officer.  His punishment included a reduction to pay grade E-2, forfeitures, restriction and extra duty. 

On 1 September 1978, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct-frequent incidents of a discreditable nature with civil or military authorities. 

On the same day, the applicant was advised of the basis for the contemplated separation action and its effects, and the rights available to him.  He waived further representation by legal counsel, and he did not submit a statement in his own behalf.  He was not entitled to consideration by or a personal appearance before a board of officers.

On 5 September 1978, the applicant was barred from reenlistment, his commander cited that the basis for the bar was his record of NJP’s, his poor to fair conduct and efficiency ratings, and the fact that he had become a burden to his squad rather than an asset.  

On 11 October 1978, competent authority approved the recommendation and directed the issuance of a discharge UOTHC for misconduct, under the provisions of chapter 14, Army Regulation 635-200.  

On 14 November 1978, the applicant was discharged.  He had completed
1 year, 4 days on the current enlistment and he had completed 2 years, 
11 months, and 26 days on a prior enlistment.  He also had 1 year 9 months and 16 days of inactive service.

In 1979, the applicant was informed that the Army Discharge Review Board was experiencing difficulty in locating his official military personnel file.  It appears that he failed to respond and the case was closed without further action.

Army Regulation 635-200 then in effect set forth the basic authority for the separation of enlisted personnel.  Chapter l4 established the policy and prescribed the procedures for separating members for misconduct due to frequent involvement in incidents of a discreditable nature with military authorities.  Action was to be taken to separate a member for misconduct when it was clearly established that rehabilitation was impracticable or unlikely to succeed.  A UOTHC discharge was normally considered appropriate, but a general discharge under honorable conditions or an HD could have been awarded.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 the aforementioned requirement.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.

3.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

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

__ew____  _tbr____  __ewl___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012076	
SUFFIX		
RECON		
DATE BOARDED	19991013	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19781114	
DISCHARGE AUTHORITY	AR635-200, Chapter 14  	
DISCHARGE REASON	A67.00	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	144.6700	
2.		
3.		
4.		
5.		
6.