MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             5 October 2000                  
	DOCKET NUMBER:    AR2000039654

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms . Shirley L. Powell		Chairperson	
	Mr. Jaime Perez		Member	
	Mr. Elzey J. Arledge, Jr.		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 the length of service as shown on his DD Form 214, separation document, be corrected and that the character of service of his discharge be upgraded from under honorable conditions (General) to honorable.

APPLICANT STATES:  That his discharge would be automatically upgraded to an honorable after 6 months.

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

He enlisted into the Regular Army on 16 May 1978 for 3 years and training in military occupational specialty (MOS) 11B (infantryman).

On 18 November 1978 he reenlisted in the Regular Army for a period of 4 years.

His DD Form 214, Item 12, Record of Service reflects the following:

	a.  Date entered AD This Period:  18 November 1980
	b.  Separation Date This Period:  26 August 1982
	c.  Net Active Service This Period:  0 years, 10 months, 5 days
	d.  Total Prior Active Service:  2 Years, 6 months, 3 days
	e.  Total Prior Inactive Service:  0 years, 2 months, 9 days.

The DD Form 214 reflects that the applicant was discharged on 26 August 1982, under the provisions of AR 635-200, chapter 13, Unsuitability-Apathy/Indiscipline, was issued a under honorable conditions (General) discharge, and had dates of time lost during this period reflected as:  9 March 1981 – 1 December 1981 and 5 May 1982 – 9 May 1982.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. 

The U.S. Army does not have, nor has it ever had a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant requests a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reasons for discharge or both were improper or inequitable.  The Defense Discharge Review Standards specifically states that no factors should be established which would require automatic change or denial of a change in discharge.

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 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.  The applicant’s DD Form 214 is correct as is.  The entry of 18 November 1980 following the heading “Date entered AD This period” is not meant to reflect the applicant’s initial entry date of 16 May 1978.  The 18 November 1980 date was the date of the applicant’s most recent reenlistment date.  His period of service prior to the date is accounted for next to the heading “Total Prior Active Service”.

3.  The applicant made no contentions that his discharge was not conducted in accordance with laws and regulations in effect at the time or that he was subject to some unfair or unjust action.  In addition, the applicant submitted no evidence of post service conduct to be considered, therefore the Board has no choice but to deny his request.

4.  The Board has noted the contention of the applicant in regard to an automatic upgrade of his discharge.  However, they are not supported either by the evidence submitted with the application or the evidence of record.  An upgrade is not automatic and the merits of his case do not warrant an upgrade 

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

__sjp  ___  ___jp ___  ___eja  _  DENY APPLICATION

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

INDEX

CASE ID	AR2000039654	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001005	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.