MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 December 2000
	DOCKET NUMBER:   AR2000047027

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 his discharge under other than honorable conditions be upgraded to an honorable or a general discharge.

APPLICANT STATES:  In effect, that the type of discharge that he received was too harsh considering the nature of his offenses.

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

On 6 January 1995, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a cannon crewmember.

The applicant was counseled on 28 July 1996 for disobeying a lawful order and driving under the influence of alcohol.  He was informed that if there were any further occurrences he would be subject to separation from the military under a less than honorable discharge.

On 18 September 1996, the applicant was furnished an Administrative Reprimand for driving his vehicle into a ditch and injuring a passenger.  The commander directed that the reprimand be filed in his Official Military Personnel File (OMPF).

On 17 October 1997, he was counseled for failure to have registered a privately owned weapon that was used by another soldier to commit suicide.  Nonjudicial punishment (NJP) was imposed against the applicant because of his misconduct.  His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.

On 16 December 1997, he reenlisted in the Army for an additional 3 years.

On 3 April 1998, NJP was imposed against him for being absent from his place of duty.  His punishment consisted of restriction and extra duty.

On 8 April 1998, NJP was imposed against the applicant for larceny (stealing a pair of running shoes from the Army and Air Force Exchange).  His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.

On 15 April 1998, the applicant was notified that action was being initiated to eliminate him from the Army under the provisions of Army Regulation 635-200, chapter 14 for misconduct.  He acknowledged receipt of the notification on 21 April 1998 and, after consulting with counsel, he waived his rights and he opted not to submit a statement in his own behalf.

The recommendation for discharge was approved by the appropriate authority on 29 April 1998.  Accordingly, the applicant was discharged on 6 May 1998 under other than honorable conditions, under the provisions of Army Regulation 
635-200, chapter 14 for patterns of misconduct.  He had completed 3 years, 4 months and 1 day of total active service.

On 13 September 2000, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.

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 discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions 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.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The evidence of record clearly shows that the applicant was counseled regarding his misconduct.  He had NJP imposed against him and he was furnished an Administrative Reprimand.  Considering his acts of misconduct it does not appear that his discharge was too severe.

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

___jph___  __klw ___  ___rjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047027	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/12/19	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1998/05/06	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	661	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  672	144.6750	
2.  715	144.7200	
3.		
4.		
5.		
6.