MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 September 2000
	DOCKET NUMBER:   AR1999026804

	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. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Anderson		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.

APPLICANT STATES:  That he got into trouble off-post and the Army used it against him.  His chain of command did not try to help him with his personal problems; they just discharged him to get rid of him.  He adds that his GD was too harsh.

EVIDENCE OF RECORD:  The applicant's official military records were not available.  Temporary records show:

He enlisted in the Regular Army for 3 years on 21 August 1996.  Following completion of all required military training, he was awarded military occupational specialty 13B (cannon crewmember) and assigned to Korea from January 1997 to January 1998.

Following his assignment to Korea, the applicant was reassigned to Fort Hood, Texas.  He began committing disciplinary infractions.  He received two nonjudicial punishments (NJP) under Article 15, Uniform Code of Military Justice: on 14 August 1998 for missing movement and being absent without leave (AWOL) from 14-20 July 1998 in order to avoid field duty; and on 2 December 1998 for failing to go to his place of duty and disobeying a lawful order.  He was twice arrested for driving while intoxicated on 2 October 1998 and 23 October 1998; he received a General Officer Memorandum of Reprimand (GOMOR).

The applicant also received numerous counseling statements for the following offenses:  AWOL and missing movement (21 July 1998); Disciplinary counseling (19 October 1998); Alcohol and Drug Abuse Prevent Control Program, ADAPCP (22 October 1998); Drunk driving (2 November 1998); and missing formation and disobedience (10 November 1998).  He was also arrested and confined by civil authorities from 12-28 January 1999 for unknown reasons.

On 13 November 1998, the applicant was given a mental status evaluation which psychiatrically cleared him for possible administrative separation action.  On 15 December 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct, with a GD.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf.  The unit commander subsequently recommended approval of the discharge action and forwarded it through command channels to the separation authority.  The intermediate commander reviewed the proposed discharge action and recommended approval with a GD.  On 20 January 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

On 17 February 1999, the applicant was discharged with a GD under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct.  He was credited with 2 years, 8 months, and 3 days active service and 23 days of lost time due to AWOL and civil confinement.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on 15 September 2000, denied his request.

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 this requirement.

2.  The applicant's chain of command attempted to rehabilitate the applicant through the use of NJP and by referring him to the ADAPCP program for his alcohol problem.  When these measures had no effect on the applicant's behavior, discharge proceedings were initiated.

3.  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.

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

__jhl____  __clg____  __ena___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999026804	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19990217	
DISCHARGE AUTHORITY	AR 635-200 C14	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.