MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 May 2000                   
	DOCKET NUMBER:   AR2000035059

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 reduction in grade as a result of an Article 15 be overturned and that he be paid the pay and allowances he lost as a result of the reduction.

APPLICANT STATES:  That he is a 100 percent disabled veteran.  He got sick while he was in the Army.  He was stalking his girl friend and he let his squad leader beat him up and during that time he was in his room with two other people just doing nothing.  He needs his money back.  He provides no supporting evidence.

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

After having had prior service in the Army National Guard, he enlisted in the Regular Army on 1 March 1988.  

On 5 July 1990, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for using provoking words toward a specialist.  His punishment was 3 days restriction and 7 days extra duty.

On 11 December 1990, a psychiatric evaluation diagnosed the applicant with a mixed personality disorder.  Administrative separation was recommended.

On 26 December 1990, a bar to reenlistment on the applicant was approved.  In addition to the Article 15 noted above, three counseling statements for overweight/physical fitness failure, failure to report and failure to follow orders, and a letter of indebtedness were cited as reasons for imposing the bar.

On 19 February 1991, the applicant accepted NJP punishment under Article 15, UCMJ for wrongfully operating a privately owned vehicle without a U. S. Army Europe drivers license and for wrongfully leaving the scene of an accident without making his identity known.  His punishment was a reduction to pay grade E-2, 14 days extra duty and 14 days restriction.

There is also an undated and unsigned-by-the-commander Article 15 on file for making a false official statement with intent to deceive; unlawfully striking a private; assaulting a private; wrongfully damaging a car window; willfully destroying a crutch, property of the U. S.; and breaking restriction.

On 13 March 1991, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, chapter 14 for misconduct.  The applicant acknowledged notification of the proposed action and elected not to make a statement.  The recommendation was approved on 26 March 1991.  On 4 April 1992, he was discharged, with a general discharge under honorable conditions, in pay grade E-2 under the provisions of Army Regulation 635-200, chapter 14 for misconduct.  
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 applicant appears to be contending that the misconduct for which he received his Article 15s and his reduction was caused by his psychiatric problems.  The evidence of record shows that he had been diagnosed with a personality disorder but the evaluating psychiatrist recommended administrative separation.  There is no indication that his condition warranted physical disability processing.  He provides no evidence to show that a medical condition caused his misconduct resulting in unjust punishment and a reduction in grade.

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

__mkp___  __gdp___  __tbr___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000035059	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	126.02	
2.		
3.		
4.		
5.		
6.