MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           18 November 1999                            
	DOCKET NUMBER:   AR1999025001

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. James E. Anderholm		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 discharge be upgraded to an honorable or a general discharge.  

APPLICANT STATES:  In effect, that he was given a liberty pass, he was late reporting back to his unit and he was immediately discharged because of that one incident.   

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

On 2 November 1977, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 16P10 (Short-Range Missile Crewman).  The highest grade he achieved was pay grade E-3.

Between November 1977 and February 1980, the applicant accepted five nonjudicial punishments under Article 15, Uniform Code of Military Justice, for five occasions of assault, for disobeying a lawful order, for leaving your appointed place of duty without proper authority and for being absent without leave.  His punishment included a reduction to pay E-1, forfeitures, restrictions and extra duty.

On 26 February 1980, a report of physical and mental status evaluation indicated that the applicant had no physical or mental defects sufficient to warrant separation through medical channels.  That report also indicated that the applicant was mentally responsible, could distinguish right from wrong, and adhere to the right.  No character or behavior disorder was diagnosed. 

On 29 February 1980, the applicant was barred from reenlistment.  The bar from reenlistment was based on the applicant’s misconduct and action, which indicated that he could not be rehabilitated.

On 28 March 1980, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct.  The commander’s recommendation was based on the applicant’s misconduct and action, which indicated that he could not be rehabilitated for productive military service.  The applicant acknowledged notification, consulted with legal counsel and requested to appear before a board of officers.

On 1 April 1980, the applicant with counsel appeared before a board of officers.  The board found that the applicant did commit a serious misconduct and recommended that he be eliminated from military service, with a discharge UOTHC. 

On 21 April 1980, the commanding general approved the recommendation and directed the issuance of discharge UOTHC.  On 7 May 1980, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, chapter 14, for misconduct (frequent incidents of a discreditable nature with authorities), with a discharge UOTHC.  He had completed 2 years, 6 months and 2 days of creditable active service.  

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, convictions by civil authorities; desertion or absence without leaves.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 evidence of record shows that the applicant’s discharge was appropriate because the quality of service determination at the time of discharge was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  

3.  Therefore, the type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

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

__ejo___  __jlp___  __jea___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025001	
SUFFIX		
RECON		
DATE BOARDED	19991118	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19800507	
DISCHARGE AUTHORITY	AR635-200, chapter14.  .  .  .  .  	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.6000	
2.		
3.		
4.		
5.		
6.