MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 June 2000
	DOCKET NUMBER:   AR2000037807

	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:

	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:  That his discharge under other than honorable conditions be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that the type of discharge that he received is too harsh considering the nature of his offense.

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

On 10 October 1975, he enlisted in the Army for 4 years in the pay grade of E-1. He successfully completed his training as a wheel vehicle mechanic.

Nonjudicial punishment (NJP) was imposed against the applicant on 11 February 1976 for willfully and unlawfully altering a sick slip.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

On 26 August 1976, NJP was imposed against him for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay and extra duty.

On 18 October 1976, NJP was imposed against him for failure to obey a lawful order.  His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.

He had NJP imposed against him on 14 April 1977, for wrongfully possessing marijuana.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

He had NJP imposed against him again on 10 June 1977, for failure to obey a lawful order.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

On 31 May 1978, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14 for misconduct.  He acknowledged receipt of the notification and, after consulting with counsel, he waived his right to have his case considered before a board of officers and he opted not to submit a statement in his own behalf.

On 2 June 1978, NJP was imposed against the applicant for striking a civilian woman and a soldier in their faces with his fist and kicking the woman in her abdomen.  His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.

A review of the records also show that the applicant had 3 days of lost time from 15 July 1978 until 17 July 1978.  However, there is no evidence of record that shows that punishment was imposed for his lost time.

The recommendation for discharge was approved by the appropriate authority on 25 July 1978.  Accordingly, on 16 August 1978, he was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 14 for misconduct because of his frequent involvement in incidents of a discreditable nature with civil or military authorities.  He had completed 2 years, 10 months and 10 days of total active service.

On 9 July 1981, the Army Discharge Review Board (ADRB) 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.  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.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The evidence of record clearly shows that he had NJP imposed against him on six different occasions.  The record also shows that he had NJP imposed against him even after he was notified that action to eliminate him from the Army had been initiated.  Considering the nature of his offenses, it does not appear that his discharge under other than honorable conditions was too severe.

4.  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.

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

__mm___  ___jhl___  ____js___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037807	
SUFFIX		
RECON		
DATE BOARDED	2000/06/29	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1978/08/16	
DISCHARGE AUTHORITY	AR 653-200	
DISCHARGE REASON	626	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  642	144.6115/A61.15/serious offense	
2.		
3.		
4.		
5.		
6.