MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE: 
	DOCKET NUMBER:   AR1999029073

	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.

	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Ms. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 honorable.

APPLICANT STATES:  In effect, that his misconduct did not involve the military since he was convicted by civilian authorities.  In addition, he states that he is getting his life together and wants to become a good citizen.  

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

On 29 November 1973 the applicant enlisted in the Regular Army (RA) for a period of 3 years.  He successfully completed basic combat training at Fort Leonard Wood, Missouri, and advanced individual training (AIT) at Fort Hood, Texas in military occupational specialty (MOS) 11E (Armor Crewman).  He was assigned to Fort Hood, Texas, as his first permanent duty station.

The applicant’s record documents that the highest permanent rank he held on active duty was private first class/E-3 and the record contains no documented acts of valor, achievement, or service warranting special recognition.   

On 30 August 1974 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for disrespect towards a superior noncommissioned officer.  His punishment included forfeiture of $84 and 14 days extra duty.

On 31 July 1975 he accepted NJP for disrespect towards a superior noncommissioned officer.  His punishment included forfeiture of $50 and extra duty for 14 days.

On 4 January 1976 he accepted NJP for uttering worthless checks.  His punishment included reduction to private/E2 (suspended for 30 days) and 14 days restriction and extra duty.

On 17 May 1976 he accepted NJP for willfully disobeying a senior noncommissioned officer.  His punishment included reduction to private/E2 and 14 days restriction and extra duty.

The applicant was reported AWOL from 18-23 June 1976.  On 22 June 1976 he was arrested by civilian authorities for possession of marijuana, over 4 ounces.  He was released on bond on 12 July 1976 and returned to duty.

On 22 February 1977 he was convicted by the District Court of Bell County, Texas, for possession of marijuana and sentenced to not less than 2 nor more than 3 years confinement.

On 6 June 1977 the unit commander advised the applicant of his contemplated action to initiate his separation under the provisions of AR 635-206 for misconduct, conviction by civilian authorities.  The applicant waived consideration of his case by a board of officers.

The applicant was released on parole to Chicago, Illinois, on 25 July 1977.  The applicant’s unit at Fort Hood, Texas, was notified of the parole.  He was reported AWOL from 25 July 1977 until he surrendered at Fort Sheridan, Illinois, on 30 August 1977.

On 6 December 1977, at Fort Hood, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for misconduct, conviction by civilian authorities with a UOTHC discharge.

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. 

The applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge.  In April 1980, the ADRB denied the applicant’s request for an upgrade. 

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.  The 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.  The evidence of record shows that the applicant accepted NJP on numerous occasions, was AWOL on at least two occasions, and was thereafter convicted by civil authorities and sentenced to confinement.  As such, the quality of his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  

2.  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

3.  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

________  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029073 	
SUFFIX		
RECON		
DATE BOARDED	20000113	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19771206	
DISCHARGE AUTHORITY	AR 635-200 C14	
DISCHARGE REASON	6000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  9227		
2.  9221		
3.  0100		
4.		
5.		
6.