MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  25 January 2001
	DOCKET NUMBER:  AR2000042448

	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:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Lester Echols		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 general discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That his military occupational specialty (MOS) was 11B (light weapons infantryman) and due to his impaired mobility he was unable to conform to the duties of his MOS.  He also states that his physician further diagnosed him as having on-going arthritis.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in the New York Army National Guard (NYARNG) on 8 January 1975 as a light weapons infantryman.  He was ordered to active duty for training (ADT) on 23 April 1975 and was released from ADT on 23 August 1975 and returned to control of the NYARNG.  

He reenlisted in the Regular Army on 5 June 1978.

Between August 1978 and January 1979, the applicant received six counseling statements and was punished three times under Article 15, UCMJ, for failure to go to his prescribed place of duty on several occasions, breaking restriction, failure to appear in court, carrying a concealed weapon, and for wearing jewelry in formation.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, restriction, and extra duty.

The applicant was barred from reenlistment on 29 December 1978 for the aforementioned offenses.

On 5  February 1979, the applicant’s commander initiated action to separate the applicant from the service under the provisions of AR 635-200, chapter 13, for unsuitability-apathy.  After consulting with counsel, the applicant waived
consideration, personal appearance, and representation before a board of officers and elected not to submit a statement in his own behalf.

On 5 February 1979, the commander submitted his recommendation to separate the applicant under the provisions of AR 635-200, chapter 13, for unsuitability.  
The commander’s recommendation was based on the disciplinary action against the applicant, apathy (lack of appropriate interest), defective attitude, and his inability to expend effort constructively.  

On 27 February 1979, the separation authority approved the recommendation for discharge and directed that he be furnished a General Discharge Certificate.  The applicant was discharged on 14 March 1979.  He had a total of 1 year, 
1 month, and 5 days of creditable service.

The applicant’s medical records are unavailable for review by this Board.

There is no evidence that the applicant applied to the Army Discharge Review
Board for an upgrade of his discharge within its 15-year statute of limitations.

Army Regulation 635-200 sets forth the requirements and procedures for the administrative discharge of enlisted personnel.  Chapter 13, in effect at that time, applied to separation for unfitness and unsuitability.  At that time, paragraph
13-4c provided for the separation of individuals for unsuitability whose record evidenced apathy (lack of appropriate interest), defective attitudes, and an inability to expend effort constructively.  When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual’s entire record.

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 notes the applicant’s contentions; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contentions.  The Board also notes that his medical records were unavailable for review by this Board and that there is no medical evidence to show that he suffered from on-going arthritis.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jh___  ___kh___  ___le___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042448	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19790314	
DISCHARGE AUTHORITY	AR 635-200, C, 13	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.