MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 September 2000                           
	DOCKET NUMBER:   AR200046739

	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:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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 be upgraded to an honorable discharge. 

APPLICANT STATES: In effect, that he did everything to the best of his ability.  He did everything his chain of command asked him to do.

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

On 27 April 1993, the applicant enlisted in the Regular Army for 6 years.  He completed the required training and was awarded military occupational specialty 63W10 (Wheel Vehicle Repairer).  The highest grade he achieved was pay grade E-3.

On 3 August 1994, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for failure to repair.  His imposed punishment was a reduction to pay grade E-2, a forfeiture of $217.00 pay and 14 days extra duty.

On 15 December 1994, the applicant accepted an NJP under Article 15, (UCMJ), for two occasions of failure to repair and for willfully and unlawfully altering a public record.  His imposed punishment was a reduction to pay grade E-1, a forfeiture of $194.00 pay and 14 days extra duty.

The applicant’s record indicates that he was counseled on numerous occasions for several occasions of failure to repair, for driving without a valid driver’s license, for leaving his appointed place of duty without proper authority and for unlawfully altering public records. 

On 16 December 1994, a mental status evaluation found the applicant qualified for separation.  There was no evidence of psychosis or neurosis or other disorders qualifying him for disposition through medical channels.  He was considered mentally competent to participate in board proceedings. 

On 15 February 1995, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct.  The commander’s recommendation was based on the applicant’s misconduct and action, which indicated that he could not be rehabilitated for productive military service.  On the same day, the applicant acknowledged notification, consulted with legal counsel and waived consideration, personal appearance, and representation before a board of officers.

On 6 March 1995, the appropriate authority approved the recommendation and directed the issuance of a General, Under Honorable Conditions Discharge Certificate.  On 24 March 1995, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, chapter 14, for misconduct, with a general discharge.  He had completed 1 year, 10 months and 28 days of creditable active service.  

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.

On 6 September 2000, the Army Discharge Review Board denied the applicant’s request for an upgrade of his 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 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

__aao___  __mhm___  __tfb___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046739	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19950324	
DISCHARGE AUTHORITY	AR635-200,chp14 .  .  .  .  .  	
DISCHARGE REASON	A60.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6000	
2.		
3.		
4.		
5.		
6.