MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 July 2000      
	DOCKET NUMBER:    AR2000040249

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson 		Chairperson	
	Ms. Elizabeth Buchanon  		Member	
	Ms. Margaret V. Thompson 		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, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). 

APPLICANT STATES:  In effect, that as a newly-wed he experienced some problems which led to alcohol use, and in turn, led to his misconduct; that he no longer has an alcohol problem and is married to the same woman; and, that he has worked as a correctional officer since June 1982.  

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

On 30 April 1971 he enlisted in the Army Reserve for a period of 6 years.  His parent unit, the 9th Field Artillery, Fort Tilden, New York, placed him on initial active duty for training (IADT) for basic combat training (BCT) and advanced individual training (AIT).  He successfully completed BCT and AIT in military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic) at Fort Leonard, Wood, Missouri.  

On 11 February 1972 the applicant was honorably discharged after completion of IADT and returned to his parent unit.  He was credited with 6 months and 
18 days active military service.

On 16 January 1974 he enlisted as a private/E2 in the Regular Army (RA) for a period of 3 years.  

On 23 March 1974 he was assigned to Camp Casey, Korea.

On 1 January 1975, while in Korea, he was promoted to private first class/E-3.

On 17 March 1975 the applicant departed Korea in casual status en route to Fort Lewis, Washington.

On 9 July 1975, while at Fort Lewis, Washington, the applicant was promoted to specialist/E-4.

On 1 March 1976, while at Fort Lewis, the applicant extended his enlistment for 7 months in order to have sufficient time to complete an overseas assignment.  Thereafter, on 17 May 1976 the applicant departed Fort Lewis in casual status en route to Korea.  

On 17 November 1976, while in Korea, the applicant was promoted to sergeant/E-5.

On 11 April 1977, while in Korea, he was honorably discharged for the purpose of immediate reenlistment.  On 12 April 1977 he reenlisted in the RA for a period of 3 years.  He was issued a DD Form 256A (Honorable Discharge Certificate) and a DD Form 214 (Certificate of Release or Discharge from Active Duty) at the time of reenlistment.  He was credited with 3 years, 9 months, and 9 days of active military service, and 2 years, 2 months, and 3 days inactive prior service (Army Reserve).

On 27 June 1977 the applicant departed Korea in casual status en route to Fort Campbell, Kentucky.

On 1 January 1978 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for assaulting another soldier with his fists.  The punishment imposed consisted of a forfeiture of 7 days pay.

On 24 April 1978 he accepted NJP for breaking restriction on two occasions.  The punishment imposed consisted of a reduction to specialist/E-4 (suspended).

On 1 February 1980 he accepted NJP for stealing 40 sausage patties.  The punishment imposed consisted of a reduction to specialist/E-4 and a forfeiture of $100.

On 19 June 1980 the unit commander notified the applicant of initiation of administrative separation proceedings against him for unsuitability manifested by his apathy, defective attitude or inability to expend effort constructively.  The applicant acknowledged notification, consulted with legal counsel, and waived consideration of a hearing by a board of officers.

On 27 June 1980 the applicant was discharged under the provisions of chapter 13, AR 635-200 with a GD.  He was credited with 6 years, 5 months, and 25 days active military service. 

Army Regulation 635-200, then in effect, sets forth the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsuitability, 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. 

On 23 October 1989 the Army Discharge Review Board reviewed and denied the applicant’s request for an upgrade of his 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.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant’s overall record of military service.  

2.  The Board noted that the applicant was recognized for his prior honorable service with an Honorable Discharge Certificate and issuance of a DD Form 214. However, the overall quality of the applicant’s last period of service does not warrant an upgrade of the discharge.   

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___gdp___  __eb___  ___mvt__  DENY APPLICATION

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

INDEX

CASE ID	AR2000040249	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19800627	
DISCHARGE AUTHORITY	AR 635-200 C13	
DISCHARGE REASON	144.4900.0000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  	144.9307.0000	
 2.  	144.9321.0000	
 3.  	144.0100.0000	
 4.		
 5.		
 6.