MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 May 2000                             
	DOCKET NUMBER:   AR2000035321

	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	
	Mrs. Judy Blanchard-Miller.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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 an honorable discharge. 

APPLICANT STATES:  In effect, that his youth and immaturity made him vulnerable to substance abuse.  He further states, that he has completed rehabilitation.  The applicant submitted documents in support of his application.

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

On 26 November 1972, the applicant enlisted in the Regular Army for a period of 
4 years.  His military occupational specialty was 13B10 (Field Artillery).  The highest grade he achieved was pay grade E-3.

Between May 1973 and May 1974, the applicant accepted eight nonjudicial punishments under Article 15, Uniform Code of Military Justice, for four occasions of failure to repair, for four occasions of disobeying a lawful order, for assaulting another soldier, for going AWOL from 20 November to 26 December 1973 and for dereliction of duty.  His punishment included forfeitures, restrictions, extra duty and a reduction to pay grade E-1.   

Between September 1973 and May 1974, the applicant was counseled on 
20 different occasions for four occasions of unsatisfactory duty performance, for four occasions of failure to repair, three occasions of dereliction of duty, for three occasions of poor personal appearance and negative attitude, for the wrongful possession of Marijuana, for poor personal hygiene, for missing a movement, for missing extra duty imposed as a result of a violation, for revocation of post driving privileges and for indebtedness.   

A mental and a physical status evaluation found the applicant qualified for separation.  He was considered mentally and physically competent to participate in board proceedings.

On 8 May 1974, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 13, for unfitness and that he be required to appear before a board of officers to determine whether he should be discharged before the expiration of his term of service.  The commander’s recommendation was based on the applicant’s undesirable habits and traits 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 22 May 1974, the Commanding General approved the recommendation and directed the issuance of an Undesirable Discharge Certificate.  On 2 June 1974, the applicant was discharged in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 13 for unfitness with a discharge UOTHC.  He had completed 1 year, 5 months and 1 day of creditable active service and 35 days of lost time. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. 

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 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.  The applicant’s allegation regarding his substance abuse has been noted, however, there is no evidence of record to substantiate his allegation. 

4.  The applicant’s contentions that he was young and immature at the time are not sufficiently mitigating to warrant relief.  The evidence of record shows that the applicant exhibited unacceptable pattern of misconduct.  Therefore, the type of discharge directed and the reasons were appropriate considering all the facts of the case.

5.  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

__aao___  __vbc___  __le____  DENY APPLICATION

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

INDEX

CASE ID	AR2000035321	
SUFFIX		
RECON		
DATE BOARDED	20000516	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19740602	
DISCHARGE AUTHORITY	AR635-200,chp13 .  .  .  .  .  	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.5000	
2.		
3.		
4.		
5.		
6.