MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 June 2000                  
	DOCKET NUMBER:   AR2000037483

	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			
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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:  In effect, that her general discharge be upgraded to  honorable.

APPLICANT STATES:  In effect, that she requested for discharge because her squad leader and First Sergeant constantly harassed her.

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

She enlisted on 24 November 1987 as a motor transport operator.

Beginning in May 1988, the applicant began receiving numerous counseling statements and nonjudicial punishments (NJP) for instances of failure to go to her appointed place of duty, failure to obey a lawful order, for failure to qualify with the M16A2 rifle, for poor personal performance and conduct, for lack of participation in clean-up detail; for writing bad checks; for speeding and for driving a privately owned vehicle with no insurance or registration.

The applicant’s records contain a bar to reenlistment certificate for the aforementioned offenses; however, it is not dated or signed.

On 17  February 1989, the applicant’s commander initiated action to separate the applicant from the service under the provisions of AR 635-200, chapter 13, for unsatisfactory performance.  After consulting with counsel, the applicant waived her rights to a hearing before a board of officers and representation by counsel and elected not to submit a statement in her own behalf.  

On that same day, the commander submitted his recommendation to separate the applicant under the provisions of AR 635-200, chapter 13, for unsatisfactory performance.  He based his recommendation on the applicant’s numerous derogatory counseling statements and nonjudicial punishment.

On 21 February 1989, the separation authority approved the recommendation for discharge and directed that she be furnished a General Discharge Certificate.  The applicant was discharged on 2 March 1989.  She had a total of 1 year, 
3 months, and 9 days of creditable service.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of her discharged on 22 April 1997.  The ADRB determined that her discharge was proper and equitable and denied her request on 26 November 1997.

Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13 of this regulation, in effect at the time, provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.

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 noted the applicant’s contentions that she requested discharge because her chain of command constantly harassed her; however, there is no evidence in the available records, and the applicant has provided no evidence, to support her contentions.

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

JHL_____  JNS____  MHM____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000037483	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000629	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19890302	
DISCHARGE AUTHORITY	AR 635-200, C, 13	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.