MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  7 November 2000
	DOCKET NUMBER:  AR2000042694

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Melvin H. Meyer		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 an honorable discharge.

APPLICANT STATES:  The applicant makes no statement in support of his request.

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

He enlisted and entered active duty on 9 February 1988.  He completed training in air defense artillery and was promoted to pay grade E-3 effective 1 May 1989. On 29 September 1988 he was punished under Article 15, UCMJ for absence from his place of duty.  On 31 August 1989 he was punished under Article 15, UCMJ for absence from his place of duty.

Between July and November 1989 he was counseled eight times for failure to pay just debts.  On 24 January 1990 his command imposed a local bar to reenlistment.  The applicant elected not to appeal the bar.

On 9 March 1990 the applicant was command referred for a mental status evaluation for the purpose of separation processing.  The applicant's behavior was normal.  He was fully alert and oriented and displayed an unremarkable mood.  His thinking was clear, his thought content normal and his memory good. There was no significant mental illness.  The applicant was mentally responsible. 

On 16 March 1990 the applicant was informed of contemplated separation for misconduct.  After consulting with counsel, the applicant waived his rights to consideration of his case by a board of officers and to submit statements in his own behalf.

The commander forwarded the recommendation for separation citing the applicant’s failure to pay just debts, several actions under Article 15, UCMJ, and misappropriation of an Army Emergency Relief loan.  The separation authority approved the request and directed separation under honorable conditions with a general discharge certificate.

Effective 26 March 1990 the applicant was separated under the authority of Army Regulation 635-200, chapter 14, for misconduct.  He had 2 years, 1 month, and 18 days creditable service.

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 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.

2.  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.

3.  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

__gp___  __pm____  __mm____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042694	
SUFFIX		
RECON		
DATE BOARDED	20001107	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19900326	
DISCHARGE AUTHORITY	AR 635-200, CH 14	
DISCHARGE REASON	A67.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.