MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 September 1999                   
	DOCKET NUMBER:   AR1999026360

	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:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Kathleen A. Newman		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 (UOTHC), be upgraded to a general discharge under honorable conditions.

APPLICANT STATES: In effect, that he was put out of the Army because he accidentally ran over the ground guide in the motor pool.  He further states that he was not responsible for the accident and the accident mentally destroyed him. He is now under a doctors care.  The applicant’s submitted two applications requesting an upgrade of his discharge.  He also submitted other documents in support of his application.  

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

On 25 May 1978, he enlisted in the Regular Army for 4 years.  He completed the required training and was awarded military occupational specialty 11B10 (Infantryman).  The highest grade he achieved was pay grade E-2.

Between October 1978 and October 1980, the applicant accepted six nonjudicial punishments under Article 15, Uniform Code of Military Justice, for two occasions of disobeying a lawful order, two occasions of being disrespectful to a noncommissioned officer, for communicating a threat, for assaulting a soldier.  His punishments included forfeitures, restrictions, extra duty and a reduction to pay grade E-1.

On 4 November 1980, a mental and a physical status evaluation found the applicant qualified for separation.  There was no evidence of psychosis or neurosis or other disorders qualifying him for disposition through medical channels.  He was considered mentally competent to participate in board proceedings. 

On 15 December 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.  On the same day, the applicant acknowledged notification, consulted with legal counsel and waived consideration, personal appearance, and representation before a board of officers.

On 17 February 1981, the appropriate authority approved the recommendation and directed the issuance of discharge UOTHC.  On 2 March 1981, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, chapter 14, for misconduct, with a discharge UOTHC.  He had completed 
2 years, 9 months and 8 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.

On 5 August 1982, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.

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 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.  The applicant alleges that he was discharged out the military because he accidentally ran over the ground guide.  The accident may have happen, however there is no evidence in his military record to support his allegation.  The applicant’s discharge was based on the applicant’s quality of service.  

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

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

__jma___  __tsk___  __kan___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR199026360	
SUFFIX		
RECON		
DATE BOARDED	19990915	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19810302	
DISCHARGE AUTHORITY	AR635-200, chp14 .  .  .  .  .  	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.6000	
2.		
3.		
4.		
5.		
6.