MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 September 2000                   
	DOCKET NUMBER:   AR2000046361

	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. Nancy Amos		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:  That her discharge be upgraded to honorable.  She states that she was targeted to be discharged and she received an unfair discharge that she feels she did not deserve.  She provides no supporting evidence.

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

She enlisted in the Regular Army on 28 February 1995.  She completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 92G (Food Service Specialty).  She was promoted to Specialist, E-4 on 1 April 1997.  In November 1997, she attended 75H (Personnel Service Specialist) training and was awarded that MOS as her primary MOS.  

On 1 July 1999, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for forgery, making a false official statement, dereliction in the performance of her duties, signing an official record she knew to be false, and falsely altering an official document with intent to defraud (all in regards to another soldier’s Request and Authority for Leave, DA Form 31).  Her punishment was to be reduced to pay grade E-3, to forfeit $299.00 pay and to be restricted for 14 days.  

On 29 September 1999, the applicant’s commander initiated separation action on her under the provisions of Army Regulation 635-200, chapter 14 for pattern of misconduct.  He cited as reasons for the action her Article 15, her falsifying her clearance papers by removing adverse action information, and for being absent from workcall on several occasions.  He recommended she receive a general discharge.  

On 8 October 1999, the applicant was advised by consulting counsel of the basis for the contemplated separation action.  She submitted a statement in her own behalf.  In her statement she acknowledged that she made a mistake with the DA Form 31 and she deserved the Article 15.  However, as far as her clearance papers went, she had asked her platoon sergeant if it was all right if she wrote on her clearance papers and if she could use white out.  Her platoon sergeant told her it was all right so she did not think she was doing anything wrong.  

On 14 October 1999, the appropriate authority approved the recommendation for separation and directed the applicant receive a general discharge.

On 21 October 1999, the applicant was discharged, with a general discharge under honorable conditions, in pay grade E-3 under the provisions of Army Regulation 635-200, chapter 14 for misconduct.  She had completed 4 years,     7 months and 24 days of creditable active service and had no lost time.  Her awards and decorations included the Army Achievement Medal and the Army Good Conduct Medal.
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 leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

On 1 September 2000, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.

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.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations.  Considering her one Article 15 and her other, though minor, infractions of military discipline, the characterization of her discharge as general is appropriate.

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

__jhl___  __clg___  __ena___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046361	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19991021	
DISCHARGE AUTHORITY	AR 635-200, ch 14 	
DISCHARGE REASON	A60.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.