MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           24 November 1998                   
	DOCKET NUMBER:   AC98-09701

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		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 military record be corrected to show two periods of service, one with an honorable discharge and the other with an under other than honorable conditions discharge.

APPLICANT STATES:  That he served honorably in the Army from 2 October 1986 to 5 April 1989 and then immediately reenlisted for 2 years on 6 April 1989. He contends that he is entitled to a discharge for each period of service.

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

He enlisted in the Army on 2 October 1986 for 3 years.  He completed his initial training and was assigned to Fort Knox, Kentucky, as a chaplain’s assistant.  He attained the rank of specialist four on 1 October 1988.

On 6 April 1989 the applicant reenlisted in the Army for 2 years.  He opted for a 6-month stabilization at Fort Knox, Kentucky.

On 12 February 1990 the applicant received a general officer memorandum of reprimand for refusing to submit to a lawfully requested blood alcohol test on 2 December 1989.

On 24 October 1990 the applicant received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for AWOL (14 days).  The punishment included a reduction from specialist four to private first class, a forfeiture of $481.00 per month for 2 months (suspended), extra duty and restriction for 45 days.

On or about 1 November 1990 the applicant was released to civil authorities and detained on five counts of theft by deception after issuing checks on a closed account.  He was fined $122.50 and released by the court.

On 13 December 1990 the applicant was convicted by summary court-martial of AWOL (6 days).  He was sentenced to 30 days confinement and reduction from private first class to private (E-1).

On 2 April 1991 the applicant was again released to civil authorities for seven counts of theft by deception.  The record of punishment is not available.

On 23 April 1991 the applicant’s commander initiated a recommendation to separate him from the service under the provisions of Army Regulation           635-200, chapter 14, for a pattern of misconduct.

On 9 May 1991 the applicant was counseled by a lawyer concerning his rights and he requested a hearing before a board of officers.
On 29 May 1991 the applicant, after further consultation, waived consideration of his case by an administrative separation board.

On 12 June 1991 the appropriate authority approved the recommendation for discharge and directed that he be issued a discharge under other than honorable conditions.

Accordingly, on 21 June 1991 the applicant was discharged under other than honorable conditions.  He completed 4 years, 7 months and 21 days of creditable active service and had 42 days lost time due to AWOL and confinement.

On 21 November 1991 the applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge.  On 8 February 1995 the ADRB denied the appeal.

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.

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 would tend to jeopardize his rights.

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

3.  The applicant’s DD Form 214 correctly records his more than 4 years of active duty as one period of service, even though he was once honorably discharged during that time.  This is because that discharge was accomplished prior to his completing the period of service for which he had enlisted and was conditioned upon his immediate reenlistment.  Consequently, there is no “prior active service” to be recorded in item 12 of his separation document.

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

____GDP_  __CLA___  ___RWG__  DENY APPLICATION

						Loren G. Harrell
						Director