MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           27 March 2001                  
	DOCKET NUMBER:   AR2000050633

	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	
	Mr. Edmund P. Mercanti		                         Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Allen L. Raub		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 general discharge for a pattern of misconduct be corrected to an honorable discharge for service-connected medical disqualification.

APPLICANT STATES:  He was discharged due to nerve gas poisoning he suffered in Desert Storm.  He continues that he had received a corrected DD Form 214, Certificate of Release or Discharge from Active Duty, in 1993 which changed his general discharge to a fully honorable discharge, but that document was lost during a fire at his house.

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

He enlisted in the Regular Army on 19 June 1990, was awarded the military occupational specialty of Abrams tank system mechanic, and served in the Persian Gulf from 18 February to 24 April 1991.  The highest rank he achieved was private, pay grade E-2.

On 15 November 1991 the applicant accepted nonjudicial punishment (NJP) for writing a worthless check after he had been ordered to surrender all of his checks and not to write anymore checks, and for being drunk and disorderly in that after consuming excessive alcohol he urinated in the halls of his company billets.

He again accepted NJP on 12 December 1991 for breaking restriction.

On 25 February 1992 the applicant’s commander notified him that he intended to recommend that he be discharged for a pattern of misconduct and of his rights in conjunction with that recommendation.  The applicant waived all of his rights, thereby consenting to his discharge for misconduct.

The appropriate authority approved the applicant’s commander’s recommendation and directed that the applicant be issued a General Discharge Certificate.  Accordingly, on 17 March 1992 the applicant was given a general discharge for a pattern of misconduct.

On 13 December 2000 the Army Discharge Review Board denied the applicant’s request to upgrade his discharge to fully honorable.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  There is absolutely no evidence which would indicate that the applicant had any medical disqualification.

2.  There is an abundance of evidence that shows that the applicant’s conduct warranted discharge for misconduct and that he was properly processed for discharge for misconduct.  There is no evidence to indicate that a “corrected copy” of the applicant’s DD Form 214 was ever issued.

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

___rwa__  ___gjw __  ____alr__  DENY APPLICATION

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

INDEX

CASE ID	AR2000050633	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010327	
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.	108.05	
2.		
3.		
4.		
5.		
6.