MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            14 October 1998 
	DOCKET NUMBER:   AC98-09936

	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. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		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:  In effect, that his general discharge be upgraded
to honorable.

APPLICANT STATES:  In effect, that since his release from active duty he has been an outstanding person and model citizen.  He goes on to state that he is now serving in the field of law enforcement and believes that he deserves the same rights as honorably discharged veterans.

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

He enlisted in the USAR under the Delayed Entry Program (DEP) on 
1 March 1991 for a period of 8 years.  He enlisted in the Regular Army
on 19 March 1991 for a period of 5 years.

The facts and circumstances pertaining to the applicant’s discharge are not
present in the available records.  However, his DD Form 214 shows that on
1 November 1993, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He had served 2 years, 7 months, and 13 days of total active
service.

The applicant applied to the Army Discharge Review Board (ADRB) for an
upgrade of his discharge on 5 December 1997.  The ADRB determined that
his discharge was proper and equitable, and denied his request on 
3 August 1998.

Army Regulation 635-200 sets forth the basic authority for the separation of 
enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in
pertinent part, that commanders will separate a member under the chapter when, in the commander’s judgement, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.

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 the absence of evidence to the contrary, it must be presumed that the
applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize his rights.  

2.  The type of separation directed and the reasons therefore appear to be 
appropriate considering all of the available facts of the case.

3.  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.

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___  __RWG _  __JS____  DENY APPLICATION

						Loren G. Harrell
						Director