MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 December 2000
	DOCKET NUMBER:   AR2000043060

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Ernest W. Lutz Jr.		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 her General Discharge (GD) be upgraded to an Honorable Discharge (HD).

APPLICANT STATES:  That her separation occurred as a result of a religious dispute.  She provides no evidence in support of her application.

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

She enlisted in the Regular Army for 4 years on 30 December 1994.  Following basic training at Fort Jackson, South Carolina, and advanced training at Fort Leonard Wood, Missouri, she was awarded military occupational specialty (MOS) 88M, Motor Transport Operator, and assigned to Fort Stewart, Georgia, for duty.

At some point in her enlistment, the applicant began to follow the tenets of Islam and started to wear an item of Islamic clothing, a khimar, with her military uniform.  She was ordered not to wear the khimar and she disobeyed that order.

The applicant sought an advisory opinion from the Committee for the Review of Accommodation of Religious Practices to allow her to wear the khimar.  The advisory opinion found the wearing of the khimar incompatible with the wearing of the uniform.  When the applicant continued to wear the item of clothing, court-martial charges were preferred against her for disobeying the lawful order of a superior commissioned officer.

On 26 June 1996, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense, or a lesser-included offense.  Further, the applicant stated that she understood that she could receive an under other than honorable conditions (UOHC) discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant submitted a statement on her own behalf in which she said that it was not her intention to be disrespectful of military authority, but that she was obligated to disobey because of her Islamic faith.  The unit commander and intermediate commanders recommended approval of the applicant's separation with a GD.  On 27 June 1996, the separation authority approved the applicant's request with a GD.

On 9 July 1996, the applicant was separated with a GD, under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial.  At the time of discharge, the applicant had 1 year, 6 months, and 10 days of creditable service and no lost time.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering her case on 7 June 2000, denied her request.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial.  The requests may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general discharge is authorized, a discharge UOHC is normally considered appropriate.

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 applicant’s 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.

3.  The applicant sought, and was denied, approval to wear a religious article of clothing with her military uniform.  Upon being advised of this denial, she elected to continue to wear the item in violation of a lawful order not to do so. Her request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show she wished to avoid the court-martial and the punitive discharge that she might have received.

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

__rvo___  __jpi____  __ewl____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043060	
SUFFIX		
RECON		
DATE BOARDED	20001207	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19960709	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	A75.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.