MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 November 2000
	DOCKET NUMBER:   AR2000042349

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Thomas E. Shaughnessy, 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 his general discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that he feels that he was a good soldier, that he put his life on the line for his country and that he should receive an honorable discharge.

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

He enlisted on 14 October 1981 for a period of 3 years and training as an infantryman.  He completed his training and was transferred to Fort Lewis, Washington, where he remained until he was transferred to Germany on 5 June 1983. 

On 19 September 1983 the applicant requested to see the company commander under the open door policy.  He informed the commander that he did not like the Army and wanted out before the expiration of his contract.  The commander reminded him of his contractual service obligation and informed him that he would support his administrative separation from the service.

He was also counseled by his platoon sergeant and platoon leader regarding his obligation and the need to meet the standards expected of a soldier.  Again the applicant was adamant in his desire to get out of the Army.

He underwent a mental status evaluation on 18 October 1983 and was cleared for any separation action deemed appropriate by the commander.

On 24 October 1983 the applicant’s commander initiated action to separate him from the service under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He cited the applicant’s poor conduct, failure to respond to numerous counseling sessions and rehabilitative attempts and eight separate occasions in which nonjudicial punishment had been imposed against him, as the basis for his recommendation.  The applicant was notified of the proposed separation and elected not to submit a statement in his own behalf.   

The appropriate authority approved the recommendation for separation on 27 October 1983 and directed that he be furnished a General Discharge Certificate.

Accordingly, the applicant was discharged under honorable conditions on 4 November 1983 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He had served 2 years and 21 days of total active service.

A review of the available records fails to show all records of nonjudicial punishment (DA Form 2627) as cited in the administrative separation packet.  However, his records do contain several DA Form 2627s that show he was punished for misconduct involving failure to go to his place of duty, destroying government property and possession and use of marijuana. 

There is no indication in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-200, chapter 13, in effect at the time, established policy and provided guidance for eliminating enlisted personnel for unsatisfactory performance and who were unsuitable for further military service.  An individual could be separated for unsatisfactory performance if it was determined that the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  A discharge under other than honorable conditions is normally considered appropriate.

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 under the provisions of Army Regulation 635-200, chapter 13, was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

3.  The applicant’s contentions and supporting documents have been noted by the Board.  However, they are not sufficiently mitigating to warrant relief when compared to his misconduct and his otherwise undistinguished record of service during such a short period of time.

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

___ts ___  __ra ____  ___tap __  DENY APPLICATION

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

INDEX

CASE ID	AR2000042349	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/21	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1983/11/04	
DISCHARGE AUTHORITY	AR635-200/CH13	
DISCHARGE REASON	UNSAT PERF	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  730	144.7800/A78.00/UNSAT PERF	
2.		
3.		
4.		
5.		
6.