MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 December 1999                   
	DOCKET NUMBER:   AR1999027363

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		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 her discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge.

APPLICANT STATES:  That the type of discharge given was unfair and 16 years is long enough to be punished.  In 1981, she had been medically evacuated from Fort Dix, NJ to Walter Reed Army Medical Center (WRAMC) where she was a patient for 9 months.  She has been diagnosed with AIDS but she cannot get (medical) benefits.  She provides three documents verifying her AIDS diagnosis as supporting evidence.

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

She had prior service from July 1977 – May 1979 when she was honorably discharged for pregnancy.  She reenlisted in the Regular Army on 27 December 1979.  The highest grade she held was Sergeant, E-5.

On 19 June 1981, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for failing to go to her appointed place of duty.

The applicant’s DA Form 2-1, Personnel Qualification Record shows she was reassigned from Fort Dix, NJ to WRAMC on 12 September 1981 for an unknown reason.  Her medical records are not available.  She was then reassigned to Fort Belvoir, VA on 4 December 1981.

On 23 August 1982, the applicant accepted NJP under Article 15, UCMJ for four specifications of failing to go to her appointed place of duty.

On 29 March 1983, the applicant accepted NJP under Article 15, UCMJ for being absent without leave (AWOL) from 25 February – 14 March 1983.

The applicant departed AWOL on 18 March and returned to military control on  22 March 1983.

The commander recommended separation action under the provisions of Chapter 14, Army Regulation 635-200 for pattern of misconduct and commission of a serious offense.  The commander noted she had been counseled on numerous occasions and given opportunities to rehabilitate herself but her conduct had not improved.  She wrongfully possessed and used cocaine on several occasions.  She had written checks which were returned due to insufficient funds and failed to pay her just debts.

The applicant acknowledged the separation action and was advised by consulting counsel of the basis for the contemplated action.  She requested consideration of her case by a board of officers, personal appearance before such a board, and representation by counsel before such a board.  She did not submit statements in her own behalf.

The applicant departed AWOL on 17 April 1983 and was still AWOL on 7 July 1983 when notification to appear before a board of officers was sent to her last known civilian address.

On 2 August 1983, the board convened.  The applicant was still AWOL.  Sworn testimony at the trial disclosed the applicant had been a subject of a Criminal Investigation Command investigation for wrongful possession and use of heroin and cocaine.  The board recommended the applicant be separated due to her pattern of misconduct.

The servicing hospital was unable to complete a mental status evaluation on the applicant due to her on and off AWOL status.

The applicant returned to military control on 13 September 1983.  On this date the appropriate authority approved the recommendation for separation and directed the applicant receive a discharge UOTHC.

On 30 September 1983, the applicant was discharged, in pay grade of E-1, under the provisions of Army Regulation 635-200, Chapter 14 for misconduct – pattern of misconduct, with a discharge UOTHC.   She had completed 5 years, 1 month and 5 days of creditable active service and had 173 days of lost time. 

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 leave.  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 24 April 1996, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded 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.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  There is no evidence of record to show the applicant had been hospitalized for psychiatric reasons nor, if she had been, that her drug use and AWOL were the result of any psychiatric problems.

3.  The applicant’s administrative separation was accomplished in compliance with applicable regulations and, considering the length of her AWOL and her extensive drug use, the type of discharge given and the reasons therefor were and still are appropriate.

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

__GDP___  __CLG___  _CJP____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027363	
SUFFIX		
RECON		
DATE BOARDED	19991229	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19830930	
DISCHARGE AUTHORITY	AR 635-200, Ch 14 	
DISCHARGE REASON	A63.00, A66.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.