MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            26 May 1999
	DOCKET NUMBER:   AR1999020615

	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. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Barbara J. Ellis		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 be upgraded to a general discharge.

APPLICANT STATES:  That he is currently a homeless veteran and would like his discharge upgraded in order to use the Veteran Administration (VA) Medical Center.  He also states that he has served his country well and would like some assistance for himself from the VA.  He further states that he was a young and immature and was unaware of what he was doing at that time.  He goes on to state that he has attended college and is now a certified chef working as a cook.

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

The applicant entered active duty on 25 August 1977 and served as a carpentry and masonry specialist.

The applicant’s personnel records show that he was in military confinement from 24 August 1978 to 12 September 1978.

He was convicted by a special court-martial on 28 September 1978 for larceny of personal property and unlawful entry on 21 May 1978.  His sentence consisted of a forfeiture of pay and confinement at hard labor for 3 months.

On 9 November 1978, nonjudicial punishment was imposed against the applicant for being AWOL from 2 November 1978 to 3 November 1978.  His punishment consisted of a forfeiture of pay and 10 days restriction and extra duty.

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 7 December 1978, he was discharged under the provisions of Army Regulation 635-200, chapter 14-33b(1), for frequent incidents of discreditable nature with civil or military authorities.  He served 1 year, 2 months and 23 days of creditable service and had 22 days of lost time due to AWOL and confinement.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

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, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. 

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 therefor were appropriate considering all of the facts of the case.

3.  The Board noted that the applicant is currently a homeless veteran and would like his discharge upgraded in order to use the VA Medical Center.  While the Board is empathetic, it does not upgrade discharges for the purpose of obtaining eligibility for benefits.

4.  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.  

5.  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

MDM____  AAO____  BJE_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020615	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990526	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19781207	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 191		
2.		
3.		
4.		
5.		
6.