MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           16 August 2001                   
	DOCKET NUMBER:   AR2001054056

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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 the reason and authority for his discharge be corrected to something more favorable.  He also requests that his reenlistment eligibility (RE) code be corrected to a code which would allow him to reenter the military.

APPLICANT STATES:  In effect, when he asked his commander to be excused from a scheduled field exercise so he could be with his wife when she delivered their baby, the applicant’s concern for his wife was not important to his commander.

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

He enlisted in the Regular Army on 22 August 1978 and was stationed in an armor unit in Europe.

On 16 September 1979 the applicant accepted nonjudicial punishment (NJP) for being AWOL from 19 to 21 August 1979.  His punishment consisted of a forfeiture of $150.00 a month for 2 months, 45 days of extra duty, 45 days of restriction, and a suspended reduction from pay grade E-2 to E-1.

On 10 April 1980 the applicant accepted NJP for possession of marijuana.  His punishment consisted of a reduction from pay grade E-3 to E-2, a forfeiture of $200.00 a month for 2 months, 45 days of extra duty and 45 days of restriction.

On 17 June 1982 the applicant’s commander notified him of his intent to recommend his separation due to unsatisfactory performance and of his rights in conjunction with that recommendation.  The applicant elected not to submit any matters in his own behalf.

On 15 July 1982 the applicant’s commander initiated action to bar him from reenlistment.  In that recommendation his commander stated that the applicant 
“ . . . is a poor soldier and a marginal performer.  He requires an unjustifiable amount of direct supervision.  He has to be watched constantly and is a detriment to his section and this company.  Both his attitude and duty performance are below standards.  He has no potential in the US Army and should not be afforded the opportunity to reenlist."  The applicant indicated on the bar that he was submitting matters in his own behalf.  However, there is no record of what, if anything, he submitted.

On 30 December 1982 the applicant accepted NJP for his failure to go to his appointed place of duty.  His punishment consisted of a reduction from pay grade E-4 to pay grade E-3 and 14 days of extra duty.

On 9 February 1983 the applicant was given a separation physical examination and a mental status evaluation and determined to be medically qualified to be separated.  However, the applicant stated during his examination that he was experiencing mental stress because his wife had a baby three weeks prior to the examination, he had been given NJP, and he was pending involuntary separation.

On 25 February 1983 the applicant was given a general discharge for unsatisfactory performance under the provisions of Army Regulation 635-200, chapter 13. He was assigned reenlistment codes of RE-3, RE-3B, and RE-3C.  His DD Form 214 shows he completed 4 years, 5 months and 28 days of creditable service and had 6 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.

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.  The applicant has a record of disciplinary problems spanning from September 1979 to December 1982.  As such, the applicant’s desire to be with his wife when she gave birth to their child, a childbirth that occurred shortly before his discharge, cannot be used as an excuse for his prior disciplinary problems.

2.  The applicant’s record of disciplinary problems is certainly sufficient to warrant his separation due to unsatisfactory performance.  There is no evidence or indication that any of the applicant’s rights were violated in the discharge process.

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_____  ___tfb ___  ____jtm _  DENY APPLICATION

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

INDEX

CASE ID	AR2001054056	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010816	
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.		
2.		
3.		
4.		
5.		
6.