MEMORANDUM OF CONSIDERATION

	IN THE CASE OF.      

	BOARD DATE:           3 May 2000
	DOCKET NUMBER:   AR2000037989

	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.

	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz		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 (UOHC) be upgraded to honorable (HD).

APPLICANT STATES:  In effect, that his performance was effected by the separation of his parents after he joined the Army; that he felt responsible for his mother’s well-being although he was too young and immature to handle that responsibility; and, that he has obtained his GED and is trying to make the most of his life and become successful.

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

He enlisted in the Regular Army for a period of 3 years on 12 January 1976.  He successfully completed basic combat training and advanced individual training in military occupational specialty 16P (ADA Short Range Missile Crewman) at Fort Bliss, Texas.  He was assigned to Fort Ord, California, on 11 May 1976.

The applicant’s record documents that the highest permanent rank he held on active duty was private first class/E-3 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

Between 11 February 1977 and 6 October 1977 he accepted nonjudicial punishment under the provisions of Article 15, UCMJ, for a myriad of misconduct on six separate occasions and had two vacations of suspended punishments.

On 23 December 1977 a board of officers considered the applicant for elimination from service.  The evidence of record indicates that the applicant was present during all open sessions of the board and chose to appear with counsel.  The board recommended the applicant for separation because of frequent incidents of a discreditable nature with civil or military authorities and issuance of an UOHC.

On 30 January 1978 the separation authority approved the applicant’s discharge under the provisions of AR 635-200 for misconduct.  On  6 February 1978 the applicant was discharged and credited with 2 years and 15 days active military service.

AR 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 13-5a(1) and (4) of the regulation provided, in pertinent part, for the separation of enlisted personnel for unfitness. 

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15 year statute of limitations.

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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  In view of the applicant’s many acts of indiscipline, it does not appear that his UOHC was too severe.

2.  The Board noted the applicant’s family problems, however, they were not sufficiently mitigating as to outweigh the discrediting entries that resulted in his discharge especially in light of the fact that his military record is devoid of significant service.

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 failed to submit evidence that would satisfy the aforementioned 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

    RVOC JR.  JHK        EWL         DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000037989	
SUFFIX		
RECON		
DATE BOARDED	20000503	
TYPE OF DISCHARGE	UOHC	
DATE OF DISCHARGE	19780206	
DISCHARGE AUTHORITY	AR 635-200 C13	
DISCHARGE REASON	144.5100.0000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1. 	144.9235.0000	
2. 	144.9309.0000	
3. 	144.9500.0000	
4. 		
5.		
6.