MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 August 2001     
	DOCKET NUMBER:   AR2001056650

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Linda D. Simmons		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 narrative reason for separation be changed to “Convenience of the Government” instead of “MISCONDUCT PATTERN OF MISCONDUCT”.

APPLICANT STATES:  In effect, that he believes his military service was performed to the best of his ability and that “pattern of misconduct” is wrong, inaccurate and a stigmatizing label.  He contends that the Army Discharge Review Board (ADRB) upgraded his discharge to honorable in 1998 and that he assumed when his discharge was upgraded that the narrative reason for separation would also be changed.  In support of his application, he submits a letter of explanation, dated 23 April 2001; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); and a copy of the ADRB proceedings, dated 1 August 1997.

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

The applicant enlisted on 2 May 1990 and trained as a fighting vehicle infantryman. 

Between 7 May 1991 and 6 May 1992 the applicant was counseled on numerous occasions for various infractions which include being late for duty, unsatisfactory appearance, sleeping on duty, failure to follow instructions, failure to comply with a direct order, failure to follow a lawful order and being absent from his appointed place of duty. 

On 18 June 1992, the applicant was separated with a general discharge under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12b, for misconduct (a pattern of misconduct).  On 1 August 1997 the ADRB upgraded the applicant’s discharge to honorable and determined that the narrative reason for separation was proper and equitable.

Item 28 (Narrative Reason for Separation) on the applicant’s DD Form 214 shows “MISCONDUCT PATTERN OF MISCONDUCT”.

Item 26 (Separation Code) of the applicant’s DD Form 214 shows “JKM”.  Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time, states the reason for discharge based on separation code “JKM” is “Misconduct – pattern of misconduct” and the regulatory authority is Army Regulation 635-200, chapter 14, paragraph 14-12b.  

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 14, paragraph 14-12b, provides for discharge due to a 

pattern of misconduct consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline.  

Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.

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 Board considered the applicant’s contention that his narrative reason for separation is wrong, inaccurate and a stigmatizing label.  However, the governing regulation states that the reason for discharge based on separation code “JKM” is “Misconduct - pattern of misconduct” and the regulatory authority is Army Regulation 635-200, chapter 14, paragraph 14-12b.

2.  Evidence of record also shows that the ADRB reviewed the applicant’s case on 1 August 1997 and determined that his narrative reason for separation was proper and equitable.

3.  The applicant was properly discharged in accordance with applicable regulations with no indication of any of the applicant’s rights.

4.  The narrative reason for separation used in the applicant’s case is correct and was applied in accordance with the applicable regulations. 

5.  The applicant has failed to show through the evidence submitted or the evidence of record that the narrative reason for separation issued to him was in error or unjust.

6.  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.

7.  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

RVO____  CJP_____  LDS____  DENY APPLICATION

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

INDEX

CASE ID	AR2001056650	
SUFFIX		
RECON		
DATE BOARDED	20010830	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19920618	
DISCHARGE AUTHORITY	AR 635-200 Chapter 14 Paragraph 14-12b	
DISCHARGE REASON	Misconduct (a pattern of misconduct)	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.