MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 August 1999
	DOCKET NUMBER:  AR1998012883

	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. Raymond V. O'Connor 		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Meta Waller		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 
opinion, if any)

APPLICANT REQUESTS:  In effect, that item 18 on his DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected by adding "member has completed first term of service." 

APPLICANT STATES:  That he served an honorable period of service prior to reenlisting for a period of 4 years in February 1997.

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

That he enlisted in the Delayed Enlistment Program from 21 January-16 February 1994. On 17 February 1994, he enlisted in the Regular Army for 4 years and training in military occupational specialty 91B (Medical Specialist).  The highest grade he achieved was pay grade E-3.

The applicant was a substandard soldier.  On 9 December 1997, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct-pattern of misconduct with a general discharge.  The commander cited the applicant’s numerous failures to repair, his indebtedness, and the improper storage of a personally owned weapon as the basis for the recommendation.  He was not entitled to a personal appearance before an administrative separation board.  On 12 December 1997, competent authority approved the recommendation.  On 22 December 1997, the applicant was discharged.  He completed 3 years, 10 months, and 6 days of active military service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter l4 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, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that a discharge under other than honorable conditions is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.

DISCUSSION:  Considering all 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 or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant enlisted in the Regular Army for 4 years on 17 February 1994; his expiration (first) term of service (ETS) date was 16 February 1998.  He was separated on 22 December 1997 and did not complete his first term of service.

3.  The applicant's Official Military File (OMPF) shows no evidence of any additional periods of honorable service and he submitted nothing to the contrary.  He was in the Delayed Enlistment Program from 21 January – 16 February 1994, but such service is only creditable for pay purposes.

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

RVO____  JMA____  MW_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012883	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990812	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19971222	
DISCHARGE AUTHORITY	AR 635-200, Chapter 14 	
DISCHARGE REASON	Misconduct-Pattern of Misconduct	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY	Director	
ISSUES         1.	A92.00	
2.		
3.		
4.		
5.		
6.