MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 February 2001
	DOCKET NUMBER:  AR2000047285

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Ted S. Kanamine		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 honorable.

APPLICANT STATES:  That he was 17 years old in a foreign country, was passed over for promotion, developed an alcohol problem, and was not offered any psychological assistance.  In support of his application he submits a copy of his DD Form 214 (Report of Separation form Active Duty).

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

At the age of 18, the applicant entered active duty on 1 April 1976 as a food service specialist.  

He was promoted to the pay grade of E-2/PV2 on 1 August 1976.

He served in Germany from 16 August 1976 to 24 June 1977.

On 29 March 1977, he was punished under Article 15, UCMJ, for possession of marijuana.  His punishment consisted of a reduction to the pay grade of E-1 (suspended), a forfeiture of pay, and 10 days restriction and extra duty.

The applicant underwent a separation medical examination on 2 June 1977
and was found qualified for separation.

On 3 June 1977, the applicant’s commander submitted a recommendation to separate the applicant from the service under the provisions of Army Regulation 635-200, paragraph 5-37, for failure to maintain acceptable standards for retention (EDP).  He cited, as the basis for his recommendation, the applicant’s lack of motivation and his inability to conform to the standards and demands of the military service.

After consulting with counsel, he consented to the proposed discharge action
and elected not to submit a statement in his own behalf.

On 7 June 1977, the separation authority approved the request for discharge and directed that he be furnished a General Discharge Certificate.  The applicant was discharged on 27 June 1977.  He had a total of 1 year, 2 months, and 27 days of creditable service.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

The Department of the Army began testing the Expeditious Discharge Program (EDP) in October 1973.  In a message dated 8 November 1974 the Deputy Chief of Staff for Personnel announced the expansion of the EDP.  The program provided, for the separation of soldiers whose acceptability, performance of duty, and/or potential for continued effective service fall below the standards required for retention in the US Army.  Soldiers may be separated under this program when subjective evaluation of their commanders identifies them as lacking qualities for continued military service because of attitude, motivation, self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential. 

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 Board notes the applicant’s contention that he was 17 years old in a foreign country; however, the evidence of record shows that he entered active duty and was reassigned to Germany at the age of 18.

2.  The Board notes the applicant’s contention that he was passed over for promotion; however, the evidence of record shows that he was punished under UCMJ for possession of marijuana and was reduced to the pay grade of E-1 (suspended).  There is no evidence in the available records to show that he was advanced or recommended for promotion to the next higher grade.

3.  The Board notes the applicant’s contention that he developed an alcohol problem and was not offered any psychological assistance.  However, there is no evidence in the available records, and the applicant has provided no evidence,
to show that he developed an alcohol problem while on active duty where psychological assistance should have been provided.

4.  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.

5.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

6.  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.

7.  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

___ro__  ___sk___  ___tk_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047285	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19770627	
DISCHARGE AUTHORITY	AR 635-200  C, 5-37	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  191		
2.		
3.		
4.		
5.		
6.