MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 September 2000                   
	DOCKET NUMBER:   AR2000038413

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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 his records be corrected to show he was on active duty from 31 December 1981 to 3 April 1983.

APPLICANT STATES:  That he was at Fort Knox, KY in 1981 and was discharged from Fort Benning, GA.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 28 January 1980.  He completed basic training at Fort Knox, KY on or about 13 March 1980 and was assigned to Fort Benning, GA for advanced individual training (AIT) in military occupational specialty 11B (Light Weapons Infantryman).  He was assigned to Fort Benning as permanent party after graduating from AIT.

After accepting nonjudicial punishment under Article 15, Uniform Code of Military Justice on three occasions and being arrested by civil authorities for disorderly conduct and violation of the Georgia Controlled Substance Act, the applicant was recommended for separation under the provisions of Army Regulation 635-200, paragraph 5-31, Expeditious Discharge Program.  

The appropriate authority approved the recommendation.  On 30 March 1981, the applicant was released from active duty with a general discharge under honorable conditions and transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training) after completing 1 year and 1 day of creditable active service with 61 days of lost time.

On 28 December 1983, the applicant was transferred from the USAR Control Group (Annual Training) to the 254th Support Company, York, PA.  On 13 April 1984, he was reassigned back to the USAR Control Group (Annual Training) due to unsatisfactory participation.  On 29 January 1986, he was honorably discharged from the USAR.

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 this requirement.

2.  There is no evidence of record to show that the applicant served on active duty after his release from the Regular Army on 30 March 1981 and he provides no such evidence.

3.  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

__cla___  __wtm___  __tbr___  DENY APPLICATION

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

INDEX

CASE ID	AR2000038413	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.