MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            24 March 1999 
	DOCKET NUMBER:   AR1999022375

	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. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub		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 he did not commit a “grand felony”.  He contends that he had an attitude problem after his accident in 1972 and it got worse after his skull fracture which was service connected.  

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

He enlisted on 10 February 1971 for a period of 2 years.  He successfully completed basic and advanced individual training at Fort Ord, California. 

Between 11 August 1971 and 8 November 1971, nonjudicial punishment (NJP) was imposed against the applicant on four separate occasions for numerous failures to repair (FTR) and two periods of AWOL. 

On 10 December 1971 the applicant was convicted by summary court-martial of being AWOL from 22 November 1971 to 29 November 1971.  His punishment consisted of a reduction to pay grade E-1, forfeiture of $80.00 pay per month for 1 month and to perform hard labor without confinement for 10 days.  The convening authority approved only so much of the sentence as provides for reduction to pay grade E-1, forfeiture of $80.00 pay per month for 1 month and to perform hard labor without confinement for 5 days. 

Between 24 January 1972 and 1 September 1972, the applicant received three more NJP’s for FTR’s and one period of AWOL.

On 1 November 1972 the applicant was convicted by special court-martial of two specifications of breaking restriction, FTR and behaving with disrespect toward a superior commissioned officer.  He was sentenced to a reduction to pay grade
E-1 and confinement for 2 months.  The convening authority approved the sentence on 6 November 1972.  

On 23 April 1973 the applicant was separated with an under honorable conditions (general) discharge under the provisions of Army Regulation 635-200, chapter 2, for expiration of term of service.  He had served 2 years of total active service with 73 days lost time due to AWOL and confinement.

Army Regulation 635-200, paragraph 1-9d(1), in effect at the time, provides that an honorable discharge is a separation with honor.  Issuance of an honorable discharge will be conditioned upon proper military behavior and proficient performance of duty during the member’s current enlistment of current period of service with due consideration for the member’s age, length of service, grade, and general aptitude.

Army Regulation 635-200, paragraph 1-9e(1), in effect at the time, provides that a general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge.  The regulation also states, in pertinent part, that a member’s service may be characterized as general by the commanding officer authorized to take such action or higher authority when the member is eligible for or is subject to separation and it has been determined, under the prescribed standards, that separation is warranted.   

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 separation was administratively correct and in conformance with applicable regulations.  Accordingly, the type of discharge directed and the reasons therefore were apprpriate considering all the facts of the case.

2.  The Board noted the applicant committed numerous incidents of a discreditable nature and was disciplined with seven NJP’s, a summary court-martial and a special-court-martial during his two-year enlistment.  Based on the foregoing, the Board determined that his military behavior and performance of duty did not warrant an honorable discharge.   

3.  The applicant’s contentions were noted by the Board.  However, the applicant has failed to convince the Board through evidence submitted or the evidence of record that his discharge was unjust and should be upgraded.

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

__jev ___  ___rwa __  __alr ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022375	
SUFFIX		
RECON		
DATE BOARDED	1999/03/24	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1973/04/23	
DISCHARGE AUTHORITY	AR635-200 CHAPTER 2	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.000	
2.  843	A93.09/144.9309	
3.  813	A92.23/144.9223	
4.  815	A92.25/144.9225	
5.		
6.