MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           20 September 2001                  
	DOCKET NUMBER:   AR2001055281

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Ms. Paula Mokulis		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 his general discharge be upgraded to honorable and he be authorized to receive his Montgomery GI Bill (MGIB) benefits.

APPLICANT STATES:  In effect, that his chapter 14 discharge for misconduct be upgraded so that he can receive the MGIB benefits he paid for.  He submits no evidence in support of his request.

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

He enlisted in the Regular Army for 3 years on 16 July 1993 at age 19 and received a general discharge for misconduct on 23 January 1995 after completing 1 year, 5 months and 18 days of service.

His awards include the National Defense Service Medal, the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with Rifle Bar.

Enlistment documents completed at the time of his entry into the service show that he completed DD Form 2366 (MGIB) indicating that he wished to participate in the MGIB program.

Between April and September 1994 he received written counseling for failure to meet the weight standards for the Army Physical Fitness Test, failure to report to formation on time, bad checks and on three occasions for failure to pay debts.

On 21 June 1994 the applicant accepted nonjudicial punishment (NJP) for failure to pay his debts.  Punishment included reduction to the grade of private, suspended, extra duty and restriction.

On 23 August 1994 the applicant’s commander imposed a bar to his reenlistment and on 11 December 1994, reduced him to the grade of private for misconduct/inefficiency for failure to manage his finances, which resulted in his being confined by civilian authorities for several days.

On 27 December 1994 the applicant’s commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, chapter 14, (patterns of misconduct) with a general discharge, for bad checks and indebtedness.  After consultation with counsel, the applicant was advised that he was not entitled to a hearing before an administrative separation board but that he could submit a statement on his own behalf to the separation authority who would consider his case.  He opted not to submit a statement but did request copies of the documents supporting the proposed separation.

On 3 January 1995 the appropriate authority approved the applicant’s separation with a General Discharge Certificate.

The applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge on 13 June 1995.  That request was denied on 4 February 1997.

The MGIB, as outlined in Title 38, United States Code, chapter 30, section 1411(b), provides for soldiers who entered the service after 30 June 1985, to be automatically enrolled and to contribute $1,200.00 during their first 12 months service, which is nonrefundable.  After completion of their service obligation, he or she is entitled to receive up to $300.00 per month educational benefits for 36 months.  The program is administered by the Department of Veterans Affairs (DVA).  DVA regulations specify that if a soldier is separated prior to the normal expiration of his or her term of service, the separation must be for hardship, medical disability or for the convenience of the government.  Also, he or she must have served in excess of 20 months for an enlistment of less than 3 years, and in excess of 30 months for an enlistment of 3 years or more.  In all cases, the soldier’s service must be considered fully honorable.

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 conduct during his relatively short period of service tends to indicate that the general discharge he received was appropriate under the circumstance.  Since he has submitted nothing to support his request for upgrading his discharge and since his record contains no indication that his rights were violated during the discharge process, the Board has insufficient grounds to upgrade the discharge.

2.  Insofar as his request for MGIB benefits is concerned, it appears that he does not meet the requirements for the MGIB as stated above.  Nonetheless, since the MGIB is administered by the DVA, it is recommended the applicant contact the DVA regarding his eligibility for benefits.

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

___pm___  ____kjw _  ___kwl  _  DENY APPLICATION

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

INDEX

CASE ID	AR2001055281	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010920	
TYPE OF DISCHARGE	(GD	
DATE OF DISCHARGE	19950123	
DISCHARGE AUTHORITY	AR 635-200, chap 14 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  144.0135		
2.   144.07		
3.   144.67		
4.		
5.		
6.