MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 May 2000
	DOCKET NUMBER:   AR2000036244

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, Jr.		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 be upgraded to an honorable or a general discharge.

APPLICANT STATES:  In effect, the he should not be punished for the rest of his life for making one mistake and that consideration be given to his past good conduct and service.  In support of his appeal he submits a letter dated 13 December 1999 outlining his record of service.

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

On 5 April 1974, he enlisted in the Florida Army National Guard (FLARNG) for 6 years in the pay grade of E-3 and he successfully completed his training as a field switchboard operator and as a cannon crewman.

On 10 July 1978, he was ordered to active duty in the pay grade of E-2 with an active duty commitment of 14 months and 7 days.  On 31 July 1979, he reenlisted in the Army for 3 years and he successfully completed his training as a light wheel vehicle/power generation mechanic.  He remained on active duty through a series of continuous reenlistments.

On 19 August 1985, the applicant was counseled for failing his SQT for a second time.  He was told of the importance of passing his SQT and the consequences of failing the test a third time.

He was counseled for driving under the influence and for refusing to take a breathalyzer test on 14 February 1986.  He was informed that any further misconduct may be cause to consider him for possible elimination from the Army.  He was also informed that he was being recommended for a bar to reenlistment as a result of his misconduct.

On 3 March and 5 March 1986, the applicant was counseled for failure to repair. He was again informed that any further misconduct would result in his being considered for possible for elimination from the Army, nonjudicial punishment (NJP) and/or being recommended for a bar to reenlistment.

On 13 March 1986, he was notified that based on a review of his overall documented performance of duty he was being barred from reenlistment.

He had NJP imposed against him on 17 May 1986 for wrongfully using a controlled substance as identified through urinalysis testing.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Certificate of Release or Discharge, DD Form 214, indicates that the applicant was discharged on 18 July 1986, under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 14 for misconduct - commission of a serious offense.  He had completed 8 years, 8 months and 22 days of total active service.

On 24 November 1999, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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.

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 applicant has submitted neither probative evidence nor a convincing argument in support of the request.

3.  His contentions have been noted by the Board.  However, the records clearly show that he had NJP imposed against him and he was counseled numerous times for his acts of misconduct.  Additionally, he was barred from reenlistment as a result of his overall record of service.

4.  In the absence of evidence to the contrary, it must be presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record of service.

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

__ewl ___  __rvo___  __jhk____  DENY APPLICATION

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

INDEX

CASE ID	A2000036244	
SUFFIX		
RECON		
DATE BOARDED	2000/05/03	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1986/07/18	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	626	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  671	144.6730/A67.30	
2.		
3.		
4.		
5.		
6.