MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 December 1999                             
	DOCKET NUMBER:   AR1999027373

	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. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Stanley Kelley		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 under other than honorable conditions be upgraded to an honorable or a general discharge.  

APPLICANT STATES:  No contentions submitted.   

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

On 12 November 1980, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 16R10 (Short-Range Missile Crewman).  The highest grade he achieved was pay grade E-3.

The applicant’s records indicated that he was convicted by a special court-martial of being absent without leave from 3 June to 24 September 1981.  He was sentenced to confinement at hard labor for 6 months, a reduction to pay grade 
E-1 and a forfeiture of $300.00 pay per month for 3 months.  The confinement at hard labor was deferred on 11 December 1981.  

On 28 December 1981, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for the wrongful possession of Marijuana and for disobeying a lawful order.  His imposed punishment was a forfeiture of $100.00 pay (suspended $50.00 for 90 days), 10 days restriction and extra duty.

On 5 January 1982, 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 was advised by legal counsel of the basis for the contemplated separation action and the rights available to him, he waived consideration, personal appearance, and representation before a board of officers.  

On 5 February 1982, a report of physical status evaluation indicated that the applicant was fit for retention.

On 16 February 1982, the appropriate authority approved the recommendation and directed the issuance of discharge UOTHC.  On 19 February 1982, 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 civil or military authorities), with a discharge UOTHC.  He had completed 9 months and 25 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

__fkm___  __rvo___  __sk____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027373	
SUFFIX		
RECON		
DATE BOARDED	19991216	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19820219	
DISCHARGE AUTHORITY	AR635-200,chp10	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.6000	
2.		
3.		
4.		
5.		
6.