MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            18 March 1999     
	DOCKET NUMBER:   AR1999022441

	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 M. Alward		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Ernest W. Lutz, Jr.		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 general discharge be upgraded to honorable.  
APPLICANT STATES:  In effect, that he believes his discharge should be upgraded to honorable, that he entered the Army to fight for his country and he wanted to make a career out of the Army.

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

He enlisted in the Army on 25 July 1974 for a period of 4 years.  He successfully completed his training and was transferred to Germany for duty as an infantryman.

On 19 May 1975 nonjudicial punishment was imposed against the applicant for possessing marijuana.  His punishment consisted of a reduction to pay grade
E-1 and 30 days of restriction and extra duty.

On 3 October 1975 the applicant’s commander initiated a recommendation to separate him from the military service under the provisions of Army Regulation 635-200, paragraph 5-37, for failure to demonstrate promotion potential.  The commander cited the applicant’s substandard job performance, his failure to respond to numerous counseling sessions, and his failure to adapt socially and emotionally.  He recommended that the applicant be furnished a General Discharge Certificate.     

The applicant indicated in his statement of acknowledgement that he voluntarily accepted this discharge and waived making any statement.

The appropriate authority approved the recommendation for discharge on
21 November 1975 and directed he be issued a General Discharge Certificate.

Accordingly, he was discharged under honorable conditions on 3 December 1975.  He completed 1 year, 4 months, and 9 days of total active service.

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

Army Regulation 635-200 sets for the basic authority for the separation of enlisted personnel.  Chapter 5 of that regulation provided authorization for separation for the convenience of the government.  Paragraph 5-37, in pertinent part, provided for a discharge based upon failure to demonstrate promotion potential.  

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 on 3 December 1975 was accomplished in accordance with regulations then in effect with no indication of procedural errors which would tend to jeopardize his rights.

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

3.  The applicant’s contentions have been noted by the Board.  However, 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

__jma___  ___kyf__  __ewl___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022441	
SUFFIX		
RECON		
DATE BOARDED	19990318	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19751203	
DISCHARGE AUTHORITY	AR635-200 CHAPTER 5  	
DISCHARGE REASON	CONVENIENCE OF GOVERNMENT	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.110	189	
2. 144	909	
3. 144	813	
4.		
5.		
6.