MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 August 2000                   
	DOCKET NUMBER:   AR2000035203

	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:

	Mr. Stanley Kelley 		Chairperson	
	Mr. James E. Anderholm 		Member	
	Mr. Ronald E. Blakely  		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 General Discharge (GD) be upgraded to an Honorable Discharge (HD); that his rank be restored to specialist (E-4).

APPLICANT STATES:  In effect, that he completed his enlistment with a few minor disciplinary problems.  He was given a GD and now is being denied GI Bill benefits.  In support of his application, he submits a copy of his DD Form 214, Certificate of Release or Discharge From Active Duty.

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

He enlisted in the Regular Army for 2 years and 22 weeks on 26 June 1991.  Upon completion of all required military training, he was awarded military occupational specialty 91B, medic, and sent to Fort Ord, California.  On 18 May 1993, he extended his enlistment to 44 months giving him a new separation date of 29 July 1997.  In August 1993, he was transferred to Fort Lewis, Washington.

On 1 December 1993, the applicant accepted a nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for wrongfully having a blood alcohol level of above .05 while on duty.  He was reduced from specialist (E-4) to private (E-1), given 45 days of extra duty, and forfeited $407 per month for 2 months (suspended).  On 14 December 1993, the suspended portion of the punishment was vacated when the applicant failed to report for extra duty.

The applicant received a letter of reprimand on18 March 1994 for failing to perform his duties as a medical specialist.  He was specifically cited for drawing blood from the wrong patient and for failing to completely change a dressing on a patient.  On 6 April 1994, he was notified that action was being initiated to separate him for misconduct under the provisions of Army Regulation 635-200, chapter 14.  The applicant acknowledged notification and consulted with legal counsel who explained the basis for the separation action, its effects, and the rights available to him.  He further acknowledged that he could possibly encounter substantial prejudice in civilian life if a GD were to be issued to him.  The applicant waived his rights and did not submit a statement on his own behalf. The separation action was approved on 7 June 1994.

The applicant was separated with a GD on 15 June 1994.  He had 2 years, 11 months, and 20 days of creditable service and no lost time.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on 1 March 2000, denied his request.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter l4 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, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that a discharge under other than honorable conditions is normally considered appropriate, but a GD under honorable conditions or an HD may be granted.

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 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.

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

__sk____  __jea____  __reb___  DENY APPLICATION

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

INDEX

CASE ID	AR2000035203	
SUFFIX		
RECON		
DATE BOARDED	20000808	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19940615	
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.