MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 June 2000
	DOCKET NUMBER:   AR2000038307

	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. Elizabeth Buchanon		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		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 undesirable discharge be upgraded to a general discharge.

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

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

He was inducted in the Army on 20 May 1971 and he successfully completed his training as a military policeman.  On 22 July 1971 he was promoted to the pay grade of E-2 and to the pay grade of E-3 on 8 November 1971.

Nonjudicial punishment (NJP) was imposed against the applicant on 9 May 1972 for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay and extra duty.

On 11 July 1972, NJP was imposed against him for failure to go to his appointed place of duty, for driving without a license, speeding and having no registration.  His punishment consisted of a reduction in pay grade and extra duty.

The applicant had NJP imposed against him a third time on 7 September 1972 for two specifications of disobeying a lawful order.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 7 November 1972, under the provisions of Army Regulation 635-212, for unfitness, and was issued an Undesirable Discharge Certificate.  He had served 1 year, 5 months and 18 days of total active service.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  An undesirable discharge was normally considered appropriate.

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.  Although the facts and circumstances surrounding the applicant’s discharge are unavailable for review, the evidence of record clearly shows that he had NJP imposed against him at least three times prior to being discharged.

3.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___jhk___  ___eb___  __be____  DENY APPLICATION

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

INDEX

CASE ID	AR2000038307	
SUFFIX		
RECON		
DATE BOARDED	2000/06/13	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1972/11/07	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  713	144.7110/A71.10/absent from appointed place	
2.  718	144.7500/A75.00/DOLO	
3.		
4.		
5.		
6.