MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  16 November 2000
	DOCKET NUMBER:  AR2000046075

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Ms. Martha E. Schuler		Member	
	Mr. James E. Anderholm		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 records be corrected to show he received an Honorable Discharge Certificate.

APPLICANT STATES: In effect, that he was informed that he had 15 years to apply from the date of his discharge. 

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

On 15 August 1984, he enlisted in the Army.  He completed his required training and was awarded military occupational specialty 63T (Bradley Fighting Vehicle Systems Mechanic).  He was advanced to pay grade E-2, effective 15 February 1985.

During the period 17 January to 19 August 1985, he served in Hawaii.

On 14 May1985, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for carrying a concealed weapon and disorderly conduct in the noncommissioned officer club on 20 April 1985.  His punishment included a forfeiture of pay, extra duty and restriction.  He did not appeal the punishment.

On 10 July 1985, he accepted NJP under Article 156, UCMJ for the unlawful use of cocaine on 11 June 1985.  His punishment included a reduction to pay grade E-1, forfeiture of pay, and extra duty.  He did not appeal the punishment.

On 19 July 1985, the unit commander notified the applicant of the initiation of a separation action under Army Regulation 635-200, for misconduct, based on his patterns of misconduct (3 dishonored checks, failure to pay his rent, indebtedness, and prior NJP’s).  He advised him of his rights.

On 26 July 1985, the applicant, with legal counsel, acknowledged the notification, requested legal counsel, and elected not to submit statements in his own behalf.

On 2 August 1985, the appropriate separation authority approved the discharge of the applicant and directed that he be issued a General Discharge Certificate (GDC).

On 22 August 1985, he was discharged, in pay grade E-1, under the above-cited regulation.  His separation document indicates he had 1 year and 8 days of creditable service.  He was entitled to award of the Army Service Ribbon.

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 leaves.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.

The applicant’s reference to a 15-year period to submit his request refers to the statutory limit of the Army Discharge Review Board.

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 applicant is not entitled to an upgrade of his discharge.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

3.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

4.  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.

5.  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

__wm___  __ms____  ___ja____ DENY APPLICATION

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

INDEX

CASE ID	AR2000046075	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001116	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110	UP GD	
2.		
3.		
4.		
5.		
6.