MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:                   20 July 2000
	DOCKET NUMBER:           AR2000039712

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A Crumpler		Chairperson	
	Ms. Ann W. Campbell		Member	
	Mr. Kenneth L. Wright		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.

APPLICANT STATES:  In effect, that he just discovered that he received a dishonorable discharge, instead of an under other than honorable conditions discharge and that he needs to have it changed to an honorable discharge.  He also states that it has been 20 years since his discharge and that time is running out on him.

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

The applicant entered active duty on 15 November 1976 as a cannoneer.

On 22 September 1977, nonjudicial punishment (NJP) was imposed against the applicant for being drunk on duty.  His punishment consisted of a reduction to the pay grade of E-2.

He was convicted by a special court-martial on 29 June 1978 of AWOL from 13 March 1978 to 27 March 1978 (14 days), for being disrespectful toward a commissioned officer, for failure to obey a lawful order from a noncommissioned officer, for wrongful possession of heroin and for assault on a noncommissioned officer.  His sentence consisted of confinement at hard labor for 3 months, a forfeiture of pay and a reduction to the pay grade of E-1.  His sentence was adjudged on 29 June 1978 and approved on 30 August 1978.

On 23 March 1979, NJP was imposed against the applicant for being AWOL from 2 October 1978 to 13 March 1979 (162 days).  His punishment consisted of a forfeiture of pay.

On 14 May 1979, NJP was imposed against the applicant for two specifications of failure to obey a lawful order issued by a commissioned officer.  His punishment consisted of a forfeiture of pay and 7 days restriction and extra duty.

The applicant underwent a separation medical examination on 24 May 1979 1996 and was found qualified for separation.

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 14 June 1979, he was discharged under the provisions of Army Regulation 635-200, chapter 14-33b(1), for frequent incidents of discreditable nature with civil or military authorities.  He served 1 year, 11 months and 7 days of creditable service and had 233 days of lost time due to AWOL and confinement.

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.
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, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. 

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 the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.  The type of separation directed and the reasons therefor were appropriate considering all of the facts of the case.

2.  The Board noted the applicant’s contentions that he received a dishonorable discharge; however, there is no evidence in his records, and the applicant has provided no evidence, to support this contention.

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 has failed to submit evidence that would satisfy this 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:

SAC____  AMC____  KLW____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000039712	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000720	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19790614	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 191		
2.		
3.		
4.		
5.		
6.