MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:                 

	BOARD DATE:                3 October 2000
	DOCKET NUMBER:       AR2000039797

	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. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Raymond J. Wagner		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 general discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that his discharge was too harsh considering the nature of the offense.  He also states that he has not committed any unlawful acts since his discharge.  In support of his application he submits a copy of his DD Form 214.

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

He enlisted in the Alabama Army National Guard (ALARNG) on 21 June 
1990 as a food service specialist.  He was ordered to active duty training 
(ADT) on 5 June 1991 and was released from ADT on 12 October 1991.  
He continued to serve in the ALARNG until he was honorably discharged on 2 October 1995.

He enlisted in the Regular Army on 8 May 1996.

He was convicted by a general court-martial on 30 April 1998 of wrongful
distribution of cocaine (charge I/specification 1), of wrongful distribution of marijuana (charge I/specification 2) and of attempted larceny of private 
property (charge II).  His sentence consisted of a reduction to the pay grade 
of E-1, a forfeiture of all pay and allowances and confinement for 1 year.

Charge I and its specifications were dismissed per pretrial agreement dated 24 April 1998.  His sentence was adjudged and approved on 30 April 1998.

The applicant underwent a mental evaluation on 7 December 1998, which determined that he could distinguish right from wrong and that he possessed sufficient mental capacity to participate in administrative or judicial proceedings.

On 11 December 1998, the applicant was notified by his commander that he was being recommended for discharge under the provisions of Army Regulation 
635-200, chapter 14, for misconduct-commission of a serious offense.  He based his recommendation on the applicant’s attempted larceny of private property.

The applicant underwent a separation medical examination on 11 December 1998 and was found qualified for separation.

The applicant consulted with counsel, he waived consideration of his case by a board of officers and representation by counsel and elected not to submit a statement in his own behalf.  

On 14 December 1998, the commander submitted his recommendation to separate the applicant under the provisions of AR 635-200, chapter 14, for misconduct-commission of a serious offense.

On 14 December 1998, the separation authority approved the recommendation for discharge and directed that he be issued a General Discharge Certificate.  The applicant was discharged on 16 December 1998.  He had a total of 2 years, 
11 months, and 17 days of creditable service and 7 months of lost time due to confinement.  

The applicant applied to the Army Discharge Review Board (ADRB) on
3 August 2000 for an upgrade of his discharge.  The ADRB determined that
his discharge was proper and equitable and denied his request on 25 August
2000.

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, patterns 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.

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 Board noted the applicant contentions; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contentions or to show that his discharge was unjust and should be upgraded.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.  

3.  The type of discharge directed and the reasons for that separation were 
appropriate considering all of the facts of the case.

4.  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.

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:

JNS_____  RTD____  RJW____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000039797	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001003	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19981216	
DISCHARGE AUTHORITY	AR 635-200  C, 14	
DISCHARGE REASON	189	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1  189		
2.		
3.		
4.		
5.		
6.