MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           9 November 2000                  
	DOCKET NUMBER:   AR2000042646

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater 		Chairperson	
	Mr. Orville W. Troesch Jr. 		Member	
	Ms. Barbara J. Lutz 		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 (UOHC) be upgraded to honorable.

APPLICANT STATES:  In effect, that at Fort Hood, Texas, he was being treated by a physician for mental stress; that he was taking medication for that condition; and that when he was transferred to his new unit at Fort Riley, Kansas the medication was discontinued.  He further states that he would like his character of service upgraded for medical reasons and that the Board should review his medical records in support of his request.

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

On 26 August 1980, the applicant enlisted in the Regular Army (RA) for a period of 4 years and for the United States Army Unit of Choice Training Option – Fort Hood, Texas.  He successfully completed one station unit training (OSUT) at Fort Knox, Kentucky.  Upon completion of OSUT he was awarded military occupational specialty (MOS) 19E (Armor Crewman), and he was assigned to Fort Hood, Texas for his first permanent duty station.

On 24 November 1980, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for disorderly conduct in a public place and disrespect to a noncommissioned officer (NCO).  His punishment consisted of a detention of $100.00 for 3 months (detained until 1 June 1981) and 35 days restriction and extra duty.

On 22 September 1981, the applicant was arraigned and tried for the following misconduct:  absent without leave (AWOL); disrespect toward an officer, assaulting another service member, communicating a threat to kill an officer; drunk and disorderly conduct; assaulting a military policeman (MP) by kicking his helmet off his head; and willfully disobeying a lawful order of a commissioned officer.

On 6 October 1981, the applicant was convicted by a special court-martial.  He was sentenced to confinement at hard labor for 3 months, a reduction in grade to private/E-1, and a forfeiture of $334.00 for 3 months.  On 4 November 1981, the sentence was approved.

On 8 January 1982, the unexecuted portion of the applicant’s sentence was suspended.

On 21 June 1982, the applicant was medically evaluated for separation.  He was found by competent medical authority to be in good health and there was no indication that he had received any type of treatment for mental stress or that he had any mental problems.  

The record further shows that the applicant was mentally evaluated for separation, and that this evaluation found him to be mentally competent and cleared him for separation.

On 23 June 1982, the applicant accepted an NJP for willfully damaging government property.  His punishment consisted of a reduction in grade to private/E-1 and 14 days restriction and extra duty.

On 28 June 1982, the commanding officer recommended the applicant be discharged from the Army under the provisions of Army Regulations 635-200 with a UOHC.  The commander recommended the applicant be separated from the Army due to his history of misconduct since entering the Army.  He further stated that his duty performance and attitude has not improved since his rehabilitative transfer from the Army Retraining Brigade and that he continues to be a problem soldier even though his entire chain of command has attempted to assist him.  The applicant acknowledged notification of his commander’s intent.

On 28 June 1982, after being advised by counsel the applicant waived a board of officers and declined to submit a statement in his own behalf.

On 30 July 1982, the appropriate authority approved the recommendation with a UOHC.  Accordingly, on 12 August 1982, the applicant was discharged from the Army after completing 1 year, 10 months, and 14 days of creditable military service and accruing 33 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

On 31 August 2000, the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge; however, it was beyond its 15-year statue of limitations and he was referred to the Army Board for Corrections of Military Records.

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 record does not support the applicant’s contentions, and no evidence to support them have been submitted by the applicant, that he was being treated by medical staff for mental stress, that he was taking medication for that condition, that the medication was discontinued at his new duty station, or that he had any medical condition that warranted discharge through medical channels.  The evidence of record shows that a separation mental evaluation cleared the applicant for discharge.

2.  The applicant’s misconduct constituted a departure from the standards of conduct expected of soldiers in the Army and adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a general or honorable 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

__jlp____  __owt___  __bjl ____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042646	
SUFFIX		
RECON		
DATE BOARDED	20001109	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19820812	
DISCHARGE AUTHORITY	AR 635-200, Chapter 14	
DISCHARGE REASON	A67.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0100	
2.	144.9323	
3.		
4.		
5.		
6.