MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 April 2001     
	DOCKET NUMBER:   AR2000047604

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. George D. Paxson		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 the records of her son, a deceased former servicemember, be corrected to reflect that he was honorably discharged from active duty.

APPLICANT STATES:  She makes no statement on the application submitted to the Board but in a statement submitted to the Army Discharge Review Board she noted that she needed help and that her son "worked hard while he was in."

EVIDENCE OF RECORD:  The former servicemember's military records show:

He was a member of the Reserve Components for several years prior to enlisting in the Regular Army for a period of 6 years on 27 March 1996.

While undergoing advanced individual training he was notified by his unit commander that action had been initiated to administratively separate him for unsatisfactory performance under the provisions of Army Regulation 635-200, Chapter 13.  The commander indicated the servicemember had been absent from his place of duty on two occasions, received a general officer letter of reprimand for driving under the influence, been reduced in grade twice, and been counseled on numerous occasions for lack of motivation and acts of misconduct.

The former servicemember acknowledged receipt of the proposed separation and waived his attendant rights.

On 22 January 1997, less than 10 months after entering active duty, the servicemember was discharged under honorable conditions.

Army Regulation 635-200, Chapter 13, provides for the administrative separation of soldiers who, in their commander's judgement, will not develop sufficiently to participate satisfactorily in further training and become a satisfactory soldier, that it is likely that the circumstances forming the basis for initiation of separation proceedings will continue or recur, and the ability of the soldier to perform duties effectively in the future, including potential for advancement or leadership, is unlikely.  The service of soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military record.

Army Regulation 635-200 also states that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier’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 clearly inappropriate.

In September 2000 the Army Discharge Review Board denied the applicant's petition to upgrade the character of her son's 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.  While the Board is sympathetic to the loss of the applicant's son there is no evidence which warrants upgrading his character of service.

2.  The former servicemember's conduct during his brief period of active duty was less than honorable and as such the under honorable conditions discharge he received was appropriate.

3.  The former servicemember’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor were appropriate considering all the fact 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

__svw___  ___jea__  ___gdp__  DENY APPLICATION

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

INDEX

CASE ID	AR2000047604	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010410	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.