MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 September 2000                             
	DOCKET NUMBER:   AR2000043023

	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:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 (GD) be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that his past is not his potential.  He requests that the board give him a chance to exercise his rights as an American citizen.  He would like to exercise his right to life, liberty and the pursuit of happiness as a United States citizen.   

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

The applicant enlisted in the Regular Army on 21 October 1981, for 3 years.  
He completed the required training and was awarded military occupational specialty 36K10 (Tactical Wire Operations Specialist).  The highest grade he achieved was pay grade E-2. 

The applicant’s military records indicates that he was counseled on numerous occasions for his failure to perform his duties without constant supervision, for frequent incidents of disruptive behavior, for his lack of respect for authority, for being disrespectful in language toward his superiors, for disobeying lawful orders, for sleeping during duty hours and for failing to follow instructions.  

On 22 June 1982, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for willfully disobeying a lawful order and for failure to repair.  His imposed punishment was a reduction to pay grade E-1, a forfeiture of $100.00 pay and 7 days at a correctional custody facility. 

On 29 June 1982, the applicant’s commander advised him that he was initiating action to separate him under the provisions of Army Regulation 635-200, paragraph 5-31, Expeditious Discharge Program (EDP) with a GD.  The decision was based on the applicant’s poor attitude, his lack of motivation, his lack of self discipline, his inability to adapt socially or emotionally and his failure to meet acceptable standards for continued military service.  The applicant acknowledged notification of the proposed discharge from the Army under the provisions of Army Regulation 635-200, paragraph 5-31, EDP.  The applicant acknowledged that if he accepted the discharge, action would be taken to recoup any unearned 
portions of the enlistment bonus which he may have received; that he would not be permitted to apply for enlistment in the United States Army for 2 years from his date of discharge.  The applicant was advised by legal counsel of the contemplated separation action and the rights available to him.  The applicant signed a statement that he understood the effects of a discharge under other than fully honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  The applicant voluntarily consented to this discharge under honorable conditions.

On 6 July 1982, the appropriate authority approved his request and directed the issuance of a GD.  The narrative reason for discharge however, was changed to failure to maintain acceptable standards for retention.  

On 21 July 1982, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 5-31, for failure to maintain acceptable standards for retention with a GD.  He had completed 
9 months and 1 day of creditable active service.

Army Regulation 635-200, paragraph 5-31, provides that members who have demonstrated that they cannot or will not meet acceptable standards required of enlisted personnel in the Army will be expeditiously eliminated from military service before a board or punitive action become necessary.

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 evidence of record shows that the applicant’s discharge was appropriate because the quality of service determination at the time of discharge was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  

3.  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

__jhl___  __clg___  __ena___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043023	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19820721	
DISCHARGE AUTHORITY	AR635-200,chp5-31 .  .  .  .  .  	
DISCHARGE REASON	A49.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.4600	
2.		
3.		
4.		
5.		
6.