MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 January 1999                   
	DOCKET NUMBER:   AR1998013828

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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 discharge under other than honorable conditions (UOTHC) be upgraded to an honorable discharge.

APPLICANT STATES:  His discharge was improper because he had not completed basic training, because he had been required to violate a standing medical profile, and it was based on an administrative process which relied on statements and observations which were false.

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

He had 3 years of prior service in the Regular Army.  He reenlisted in the Regular Army on 28 December 1978 in pay grade E-3.

On 5 October 1979, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty.

The applicant was in military confinement 4 – 13 September 1979 for an unknown reason.

On 19 November 1979, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for failing to obey a lawful general order.

The separation proceedings are not available.

On 21 November 1979, the applicant was discharged, in pay grade E-1, with a discharge UOTHC under the provisions of Army Regulation 635-200, Chapter 14 for frequent involvement in incidents of a discreditable nature with civil or military authorities.  He had completed a total of 2 years, 10 months and 18 days of creditable active service and had 10 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  An under other than honorable discharge certificate is normally appropriate for a member who is discharged for acts or patterns of misconduct.  There is no restriction on separating soldiers who have not yet completed basic training.

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.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The Board also notes that the applicant did complete basic training during his initial enlistment.

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

__KJN___  __FNE___  __JPI___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013828	
SUFFIX		
RECON		
DATE BOARDED	19990121	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19791121	
DISCHARGE AUTHORITY	AR .635-200, Chapter 14	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.