MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 October 2000
	DOCKET NUMBER:   AR2000041607

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. John D.Miller		Chairperson	
	Ms. Carol Jo Suiter		Member	
	Mr. John E. Denning		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 undesirable discharge be upgraded to general under honorable conditions.

APPLICANT STATES:  That in discussions with retired officers and veterans' affairs representatives, it was suggested that the five Article 15s he received were in retaliation for his father’s act of inviting a congressional inquiry.  These individuals suggest that were this not the case, there would have been a court-martial.  Since separation and achieving maturity, he’s gotten his life in order as evidenced by the attached seven letters of recommendation.  The applicant also encloses a copy of his DD Form 214 (Report of Separation) and a self-authored biography.

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

He enlisted on 15 October 1973 and, after training, was assigned to Fort Carson, Colorado.

On 13 December 1974, the applicant was administered nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for wrongful possession of marijuana.

On 25 March 1975, he was administered NJP for being absent without leave (AWOL) from 0100, 2 March 1975, to 1700, 2 March 1975 (1 day).

On 26 March 1975, he was administered NJP for AWOL from 14 March 1975 to 17 March 1975.

On 24 April 1975, the applicant was administered NJP for absenting himself from his place of duty without proper authority.

On 4 June 1975, he was administered NJP for AWOL from 30 May 1975 to 4 June 1975.

On 20 June 1975, the applicant’s commander recommended that he be discharged for unfitness under the provisions of Army Regulation 635-200, chapter 13.  The applicant consulted with counsel and waived consideration by a board of officers. He acknowledged that he might expect to encounter substantial prejudice in civilian life if issued a discharge under other than honorable conditions, and that he may be ineligible for many or all benefits as a veteran under both Federal and state laws.  He declined to submit a statement in his own behalf.

On 3 July 1975, the separation authority, a major general, approved the recommendation and directed the applicant be issued an Undesirable Discharge Certificate.
The applicant was discharged on 14 July 1975 with 1 year, 8 months and 22 days of active creditable service and 8 days of time lost.

Army Regulation 635-200 sets forth the policy and prescribes the procedures for administrative separation of enlisted personnel.  Chapter 13, in effect at that time, applied to separation for unfitness and unsuitability.  Paragraph 13-5 provided for separation for unfitness, which included frequent incidents of a discreditable nature, sexual perversion, drug abuse, shirking, failure to pay just debts, failure to support dependents and homosexual acts.  When separation for unfitness was warranted, an undesirable discharge was normally considered appropriate.

On 15 May 1984, the Army Discharge Review Board denied the applicant’s request for 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 applicant's administrative separation was accomplished in compliance with applicable regulations, with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

2.  The applicant's NJPs were administered for violations of the UCMJ.  The decision whether to offer NJP or prefer court-martial charges resided with the applicant's commander.  Given the nature of the offenses committed by the applicant, the Board finds the commander's use of NJP appropriate.  There is no evidence that the NJPs were administered for any reason other than disciplinary violations.

3.  While the Board has taken cognizance of the applicant’s good post-service conduct and accomplishments, these factors alone do not warrant the relief requested.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jdm___  __cjs____  __jed____  DENY APPLICATION

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

INDEX

CASE ID	AR2000041607	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19750714	
DISCHARGE AUTHORITY	AR635-200 CH13	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.