MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 January 2000                  
	DOCKET NUMBER:   AR1999024096

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright 		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge 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 (GD) be upgraded to an Honorable Discharge (HD) and that a positive urinalysis from 1982 be removed from his official records.

APPLICANT STATES:  That he was told the only way he could remain in the Army was to get a divorce and give up his daughter.  He adds that his wife was in the hospital and he was reduced from E-5 to E-4 and separated without benefit of counsel.  He provides no documentation in support of his application.

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

He enlisted in the United States Marine Corps for 3 years on 14 June 1971 and was separated on 13 June 1974.  He then enlisted in the Regular Army for 4 years on 27 June 1980.  Upon completion of One-Station Unit Training, he was assigned to the 101st Airborne Division, Fort Campbell, Kentucky.

At Fort Campbell, the applicant initially did very well; he was promoted to E-4 on 1 May 1981 and to E-5 on 5 November 1981.  Thereafter, his performance began to decline.  He received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on 25 October 1982 for failure to go to his place of duty. On 16 May 1983, he received NJP for dereliction of duty for sleeping while on duty as unit charge-of-quarters (CQ).  Throughout this period the applicant also received numerous negative counseling statements.

On 21 June 1983, the applicant was notified that his commander was initiating action to separate him for unsatisfactory performance under the provisions of Chapter 13, AR 635-200.  The applicant acknowledged notification and, after consulting with legal counsel, waived his rights, including the right to a hearing before a board of officers.  Later, after again consulting with counsel, he withdrew his waiver and requested a hearing.  On 18 July 1983, he again received NJP for sleeping while on CQ duty.  This time, he was reduced to E-4.  A few days later, he again waived a hearing and, on 11 August 1983, the approving authority approved his separation with a GD.

The applicant was separated with a GD on18 August 1983.  He had 3 years, 1 month, and 22 days of creditable service on his current enlistment and 6 years, 1 month, and 22 days of total service.  He had no lost time.

There is no indication that the applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.

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 this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.

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 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’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

3.  The applicant’s separation was administrative and was accomplished because of unsatisfactory duty performance; there is no indication that he was separated for any other reason.  His reduction from E-5 to E-4 was for misconduct and was not related to his administrative separation.  The record shows that the applicant had benefit of legal counsel throughout the separation process.  There is no record of a positive urinalysis in the applicant’s records.

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

__INW___  ___SK__  ___EJA__  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999024096	
SUFFIX		
RECON		
DATE BOARDED	20000127	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19830818	
DISCHARGE AUTHORITY	AR 635-200 C13	
DISCHARGE REASON	A27.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.