MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 April 2001
	DOCKET NUMBER:   AR2000050743

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Ms. Celia L. Adolphi 		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: In effect, removal or upgrade of his National Guard discharge.

APPLICANT STATES: That it reflects a harsh representation and partisan view of what were the circumstances regarding his transfer to the USAR Control Group in July 1985.  He contends he received this discharge because the New York Army National Guard (NYARNG) was not aware of his enrollment and attendance for the summer program at the University at Buffalo in 1985.  He also states that he mailed the information that he was attending the University at Buffalo to his unit and notified two fellow soldiers in his company to relay the information. 

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

On 31 January 1985, he enlisted in the NYARNG for 4 years, in military occupational specialty 12B (Combat Engineer).

On 1 July 1985, he was separated from the NYARNG and transferred to the USAR Control Group (AT) under National Guard Regulation (NGR) 600-200, based on unsatisfactory participation.  His separation document indicates he had 5 months and 1 day of service.  His character of service was shown as “UNDER HONORABLE CONDITIONS”, a general discharge.

NGR 600-200 (Enlisted Personnel Management) indicates, in pertinent part, that the character of service upon discharge from the ARNG and transfer to the Control Group will be honorable or under honorable conditions except when discharge is based on entry level status.

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 personal desire to attend college did not outweigh his legal obligation to honor his contract with the NYARNG.  There is no error or injustice in his reassignment to the Control Group or to the character of his service.

2.  Regulatory guidance shows the applicant’s discharge under honorable conditions was proper and equitable under the circumstances of his unsatisfactory participation.  He has not shown otherwise.

3.  It is also noted that while he states he notified the NYARNG of his status by letter and by asking his fellow unit soldiers to do so, he has not provided verification of such.  His allegations concerning the contested error and injustice are also not sufficient for something that occurred in 1985, 15 years ago.

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

_hbo____  __jh ____  _cla______  DENY APPLICATION

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

INDEX

CASE ID	AR2000050743	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010405	
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	
2.		
3.		
4.		
5.		
6.