MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 August 2000
	DOCKET NUMBER:  AR2000035353

	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	
	Ms. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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:  In effect, that his company commander was out to get him and that there was preferential treatment within his unit.  He submits two statements of support from fellow service members at the time in support of his application.

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

He enlisted in the Army Delayed Entry Program on 5 June 1980 and entered active duty in pay grade E-2 on 19 May 1981.  After completion of training as an infantryman and basic airborne training he was assigned stateside and after one year was transferred to Germany.  He was promoted to pay grade E-4 on 
4 January 1983.  On 22 March 1983 he was punished under Article 15, Uniform Code of Military Justice (UCMJ) for disobeying a lawful order.  The punishment imposed included reduction to pay grade E-3 (suspended), forfeiture of pay for one month, seven days restriction, and seven days extra duty.  On 
22 August 1983 he received a second Article 15 under UCMJ for failure to go.  The punishment imposed included reduction to pay grade E-3, forfeiture of $168.00, 14 days restriction, and 14 days extra duty.

The applicant was notified of the contemplated separation on 29 August 1983 under the provisions of chapter 13, AR 635-200 for his unsatisfactory performance, lack of discipline, and inability to meet military standards.  After consulting with counsel the applicant waived his right to a hearing before a board of officers and representation by counsel.  He stated that he would submit a statement in his own behalf but there is no statement in the available record.

The applicant was provided a medical examination that found him to be qualified for separation with a physical profile of 1/1/1/1/1/1.  At a mental status evaluation the applicant's behavior was normal.  He was fully alert and oriented and displayed an unremarkable mood.  His thinking was clear, his thought content normal and his memory good.  The applicant was mentally responsible.

The command forwarded the request for separation based on the applicant being involved in incidents unbecoming of a soldier with military authorities.  The applicant could not be depended upon to perform even the minutest task without supervision.  Applicant was a constant burden to his chain of command and a disruptive influence within the unit.  The separation authority approved the request and directed separation with a General Discharge Certificate under honorable conditions.

Effective 30 September 1983 the applicant was separated under the authority of Army Regulation 635-200, chapter 13.  He had 2 years, 4 months, and 12 days creditable service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 establishes policy and prescribes procedures for separating members for unsatisfactory performance.  Action will be taken to separate a member for unsatisfactory performance when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) within the 15-year time limit.

The character reference statements submitted by the applicant discuss his duty performance, technical skill, and his above satisfactory service.  They were written to support the applicant’s civilian employment following separation and do not address the applicant’s conflicts with military authority or alleged mistreatment.

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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.  In view of the applicant's numerous acts of indiscipline, it does not appear that his general discharge was too severe.

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 this 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

__ew__  __mt___  ___kl_  DENY APPLICATION

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

INDEX

CASE ID	AR2000035353	
SUFFIX		
RECON		
DATE BOARDED	20000822	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19830930	
DISCHARGE AUTHORITY	AR 635-200, Chap 13	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  110.02	Discharge Upgrade	
2.		
3.		
4.		
5.		
6.