MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 February 2001                   
	DOCKET NUMBER:   AR2000049402

	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. June Hajjar		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Harry B. Oberg		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 narrative reason for his discharge be changed.

APPLICANT STATES:  That he’s been out of the Army for 5 years now.  He realizes that back then his judgment was poor.  In his application to the Army Discharge Review Board (ADRB), he states that the incidents that led to his discharge were both life-learning experiences.

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

He enlisted in the Regular Army on 29 October 1987.  He completed basic training and advanced individual training and was awarded military occupational specialty 16S (Man Portable Air Defense System (MANPADS) Crewmember).  He was promoted to Sergeant, E-5 on 1 August 1992.

On 25 October 1993, the applicant received a letter of reprimand for operating a vehicle while under the influence of alcohol.  

On 16 August 1995, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for operating a vehicle while impaired by alcohol intoxication.  His punishment was to be reduced to Specialist, E-4, to forfeit $661.00 pay for 2 months, suspended, and extra duty and restriction for 45 days each.

On 14 September 1995, the applicant accepted NJP under Article 15, UCMJ for wrongfully receiving several compact discs, value of about $92.00, which he then knew had been stolen.  His punishment was to be reduced to Private First Class, E-3, to forfeit $264.00 pay, suspended, and extra duty and restriction for 14 days each.

On 26 September 1995, the applicant completed a mental status evaluation and was found to have the mental capacity to understand and participate in proceedings.  He was psychiatrically cleared for any administrative action deemed appropriate by his command.  He completed a separation physical and was found qualified for separation. 

On 24 October 1995, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, chapter 14 for misconduct, commission of a serious offense.  The commander cited the applicant’s record of drunk driving and receipt of stolen property as the specific reasons for the recommendation.

On 24 October 1995, the applicant was advised by counsel of the basis for the recommended separation action.  He waived consideration of his case by an administrative separation board contingent upon his receiving a characterization of service of no less favorable than honorable.  He stated that he made a statement in his own behalf but it is not available.

On 22 November 1995, the appropriate authority approved the recommendation for separation and directed the applicant receive an honorable discharge.

On 6 December 1993, the applicant was discharged, with an honorable discharge, in pay grade E-3 under the provisions of Army Regulation 635-200, chapter 14 for misconduct.  He had completed 8 years, 1 months and 8 days of creditable active service and had no lost time. 

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 10 January 2001, the ADRB denied the applicant’s request for a change to the narrative reason for his separation.

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.  The applicant was a noncommissioned officer when he received disciplinary action twice for driving while intoxicated and once for receiving stolen property.  The Board concludes that these incidents are correctly termed misconduct, not life-learning experiences, and that the narrative reason for his separation, was and still 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

__jh____  __slp___  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049402	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19951206	
DISCHARGE AUTHORITY	AR 635-200, ch 14  	
DISCHARGE REASON	A60.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.