MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 November 2000
	DOCKET NUMBER:   AR2000042442

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Thomas E. O’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:  In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge. 

APPLICANT STATES:  In effect, that while serving in the Army he became addicted to drugs because of the enormous pressure.  He was never given a chance to rehabilitate, therefore, he believes that the type of discharge was not adequate in nature.

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

On 29 June 1972, the applicant enlisted in the Regular Army for a period of 
4 years.  His military occupational specialty was 63B10 (Wheel Vehicle Repairman).  The highest grade he achieved was pay grade E-3.

Between June and September 1974, the applicant accepted three nonjudicial punishments under Article 15, Uniform Code of Military Justice, for three occasions of disobeying a lawful order, for being disrespectful in language toward his superiors and for the wrongful possession of 30.51 grams of Marijuana.  His punishment included forfeitures, restrictions and extra duty.   

On 31 March 1975, the applicant was convicted by a summary court-martial of being disrespectful to a commissioned officer and of leaving his appointed place of duty without proper authority.  He was sentenced to a reduction to pay grade E-2, 14 days extra duty and 30 days restriction.

On 28 January 1975, the applicant was arrested by civil authorities for failure to manage marital and family affairs (nonsupport).  He was released from civil confinement on 12 March 1975. 

On 21 March 1975, the applicant was barred from reenlistment because of his numerous acts of misconduct. 

A mental and a physical status evaluation found the applicant qualified for separation.  He was considered mentally and physically competent to participate in board proceedings.

On 9 April 1975, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 13, for misconduct and that he be required to appear before a board of officers to determine whether he should be discharged before the expiration of his term of service.  The commander’s recommendation was based on the applicant’s numerous acts of misconduct and action, which indicated that he could not be rehabilitated for productive military service.  The applicant was advised by legal counsel of the basis for the contemplated separation action and the rights available to him, he waived consideration, personal appearance, and representation before a board of officers.  

On 28 April 1975, the Commanding General approved the recommendation, reduced the applicant to the lowest enlisted grade and directed the issuance of an Undesirable Discharge Certificate.  On 22 May 1975, the applicant was discharged in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 13 for misconduct with a discharge UOTHC.  He had completed 2 years, 9 months and 11 days of creditable active service and 43 days of lost time. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for misconduct, and provides, in pertinent part, that 
Individuals involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for misconduct. 

On 16 April 1982, the Army Discharge Review Board 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.  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.

2.  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.

3.  The applicant’s allegation regarding his substance abuse has been noted, but was not found to be mitigating.  The evidence of record shows that the applicant exhibited an unacceptable pattern of misconduct.  Therefore, the type of discharge directed and the reasons were appropriate considering all the facts of the case.

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

__tap___  __rwa___  __teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042442	
SUFFIX		
RECON		
DATE BOARDED	20001121	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19770516	
DISCHARGE AUTHORITY	AR635-200,chp13	
DISCHARGE REASON	A60.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6000	
2.		
3.		
4.		
5.		
6.