MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           14 November 2000
	DOCKET NUMBER:   AR2000042706

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell 		Chairperson	
	Ms. Meta Waller 		Member	
	Ms. Terry L. Placek 		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, under honorable conditions discharge (GD) be upgraded to honorable.

APPLICANT STATES:  In effect, that his commander was treating him unfairly; that his commander was trying to make an example of him; that his commander gave him a choice between punishment and being discharged; and that he chose to be discharged because he had a family and that he could not let them be homeless.

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

On 13 May 1980, the applicant enlisted in the Regular Army for a period of 3 years.  He enlisted for the United States Army Unit/Area of Choice Enlistment Option (Fifth Infantry Division).  He successfully completed one station unit training (OSUT) at Fort Benning, Georgia.  Upon completion of OSUT he was awarded the military occupational specialty (MOS) 11B (Infantryman) and he was assigned to Fort Polk, Louisiana as his permanent duty station.

On 1 October 1980, he was promoted to private/E-2 and on 1 March 1981, he was promoted to private first class/E-3.

On 21 May 1981, he received a Letter of Appreciation for exemplary performance of duty during JRX Border Star 1981.

On 21 July 1981, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for failing to go to his appointed place of duty.  His punishment consisted of a reduction in grade to private/E-2 (suspended), a forfeiture of $130.00 for one month, and 14 days restriction and extra duty.

On 30 September 1981, the suspended reduction in grade to private/E-2 was vacated.

On 28 October 1981, his commanding officer notified him of his intent to separate him from the Army under the provisions of Chapter 13, Army Regulation 635-200 for unsuitability.

On 2 November 1981, having been advised of his rights by legal counsel, the applicant authenticated a statement with his initials and signature in which he acknowledged notification, waived consideration of his case by a board of officers, and declined to submit statements in his own behalf.

On 9 November 1981, a mental status evaluation cleared the applicant for separation.  On 16 November 1981, the appropriate authority approved the applicant’s separation from the Army with a GD.  Accordingly, on 24 November 1981, the applicant was discharged after 1 year, 6 months, and 12 days of active military service.

There is no evidence of record that the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations.

Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel.  Chapter 13 established the policy and prescribed the procedures for separating individuals for unsuitability.  Paragraph 13-4c provided, for the separation of individuals determined to be unsuitable by reason of apathy, defective attitudes, or an inability to expend efforts constructively.  Commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. 

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, in effect, that he was being treated unfairly by his commander, that his commander gave him a choice between punishment and being discharged, and that he chose to be discharged because he had a family to take care of.

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 fully 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

__slp ___  __mw___  __tlp ____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042706	
SUFFIX		
RECON		
DATE BOARDED	20001114	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	811124	
DISCHARGE AUTHORITY	AR 635-200, C13	
DISCHARGE REASON	Unsuitability	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A9411	
2.	A9307	
3.		
4.		
5.		
6.