MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 August 2000
	DOCKET NUMBER:   AR2000035345

	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
Mr. David H. Keller		Director
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:  That his general discharge be upgraded to honorable.

APPLICANT STATES:  That the military authorities did not recognize or treat his alcohol problem.  All of his courts-martial and nonjudicial punishments were due to drunken behavior.  In support, he provides a copy of his DD Form 214, Report of Transfer or Discharge.

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

He enlisted on 5 December 1958 and, after training, was assigned to Germany.  Upon completion of his overseas tour, he was reassigned to Fort Sill, Oklahoma.

On 25 April 1961, while stationed in Germany, the applicant was tried by a summary court-martial and found guilty of failure to obey a lawful order and being drunk and disorderly.  He was sentenced to forfeiture of $50.00 and reduction in grade to recruit (E-1).

On 7 August 1961, while at Fort Sill, the applicant was tried by a summary court-martial and found guilty of disrespect toward a noncommissioned officer.  He was sentenced to forfeiture of $20.00.

During the period 14 August 1961 to 19 December 1961, the applicant received conduct and efficiency ratings of “unsatisfactory.”

On 15 December 1961, the applicant’s commander initiated a bar to reenlistment against him for having a record of two summary courts-martial, two nonjudicial punishments (NJP) under Article 15, Uniform Code of Military Justice, and four convictions for civilian traffic violations.  The bar to reenlistment was approved by the general court-martial convening authority.

The applicant was separated on 2 March 1962 with a characterization of service of under honorable conditions and transferred to the U.S. Army Reserve.  He had 3 years, 2 months and 28 days of creditable service.  

The applicant was discharged from the Army Reserve on 30 November 1964 upon completion of his Reserve obligation and was issued a General Discharge Certificate.

Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Essentially, it stated that an honorable discharge is a separation with honor and is appropriate when the quality of the soldier’s service is so meritorious that any other characterization would be clearly inappropriate.  A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently 

meritorious to warrant an honorable discharge.  When a member's service is characterized as general, except when discharged by reason of misconduct, unfitness, unsuitability, homosexuality, or security, the specific basis for such separation will be included in the individual's military personnel record.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

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 Board notes that the applicant’s record contains a properly constituted DD Form 214 that identifies the reason and characterization of his separation and therefore presumes government regularity in the discharge process.  Considering the applicant’s record of courts-martial and disciplinary action, his characterization of service is proper.

2.  An honorable discharge is a separation with honor and is appropriate when the quality of the soldier’s service is so meritorious that any other characterization would be clearly inappropriate.  The applicant has not demonstrated that quality of service which would justify changing the characterization of his discharge.

3.  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.

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

__sk____  __jea____  __reb____  DENY APPLICATION

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

INDEX

CASE ID	AR2000035345	
SUFFIX		
RECON		
DATE BOARDED	20000808	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19620302	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.