MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2000
	DOCKET NUMBER:   AR2000035783

	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. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 chain of command was out to get him; that they unsuccessfully sought to eliminate him in October 1990, but "screwed up" on his paperwork and Army lawyers would not allow the elimination action to be processed.  He was then told by his chain of command that they were still going to put him out of the Army by just adding one more counseling statement to his file.  In support of his request, the applicant submits his own statement, a copy of the Army Discharge Review Board (ADRB) proceedings (containing the applicant's pen-and-ink comments), a statement from his defense counsel, and a statement of support from a former unit member.

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

He enlisted on 2 September 1987 and, after training, was assigned to Germany.

While serving in Germany, the applicant was administered nonjudicial punishment four times under Article 15, Uniform Code of Military Justice:  on 
19 December 1988 for assault; on 31 July 1990 for leaving the scene of an accident, operating a vehicle while drunk, and damaging another vehicle by striking it with his car; on 29 November 1990 for violating a lawful regulation by having a female in his barracks room after visitation hours; and on 26 December 1990 for causing a breach of peace.

On 20 November 1990, the applicant was ordered to take a physical examination and a mental status examination to determine his acceptability for elimination proceedings.  On 27 February 1991, the applicant’s commander notified the applicant that he was being recommended for discharge for patterns of misconduct under the provisions of Army Regulation 635-200, chapter 14.  The applicant consulted with counsel and acknowledged that he might expect to encounter substantial prejudice in civilian life if issued a general discharge under honorable conditions.  Although it was indicated that he intended to submit a statement in his own behalf, none could be located in the record.

On 11 March 1991, the separation authority approved the recommendation and directed the applicant be issued a General Discharge Certificate.

The applicant was discharged on 25 March 1991 at Fort Dix, New Jersey.  He had 3 years, 6 months and 24 days of creditable service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Essentially, it states 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.  Chapter 14 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, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

On 13 August 1996, the ADRB, in a unanimous decision, denied the applicant’s request for upgrade of his discharge.

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 record certainly justifies his chain of command processing him for elimination for demonstrating a pattern of misconduct.  Whether or not his unit tried unsuccessfully to separate him in late 1990 is irrelevant; his conduct warranted discharge under the provisions of chapter 14, AR 635-200.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations, with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

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

__jdm___  __ra____  __cg_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000035783	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19910326	
DISCHARGE AUTHORITY	AR635-200 CH14	
DISCHARGE REASON	A67.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.