MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 July 2001
	DOCKET NUMBER:   AR2001057618

	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. Michael L. Engle.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Eric N. Anderson		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 under honorable conditions discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that he believes his discharge should be based upon medical reasons and be fully honorable.

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

He enlisted in the Army on 17 June 1980 for 3 years.  He successfully completed his initial training and was assigned to Fort Campbell, Kentucky, for duty as a short range gunnery crewman (16R).  He attained the rank of private first class, E-3, on 1 September 1981 and was subsequently reassigned to the Federal Republic of Germany on 17 December 1981.  On 13 September 1982, the applicant returned to the United States without completing his overseas tour of duty.

The applicant was absent without leave (AWOL) from 8 to 9 November 1980 
(2 days).  There is no record that disciplinary action was taken in connection with this infraction. 

On 22 November 1982, the applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for AWOL, three specifications, totaling 13 days; for wrongful possession of marijuana; for wrongfully disobeying a lawful order from a commissioned officer; and for wrongfully disobeying a general order.  The punishment included a reduction to private, E-1, a forfeiture of $285.00 per month for 2 months, and 60 days restriction.  The applicant did not appeal the punishment.

On 1 December 1982, after notification of the commander’s intent to separate him from the service, the applicant consulted with counsel, and elected to make a statement in his own behalf.  He felt that his commander should give him an honorable discharge on the basis of his 2 years and 5 months of good service.

On 2 December 1982, the applicant underwent a mental evaluation.  No overt mental illness was noted and the applicant was found to have the ability to understand all proceedings relevant to the administrative discharge process.

On 3 December 1982, the applicant’s commander initiated a recommendation to separate him from the service under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  

On 3 December 1982, the appropriate authority approved the recommendation for discharge and directed that he be issued a General Discharge Certificate.  He further directed that the applicant not be transferred to the Individual Ready Reserve.
On 6 December 1982, he was discharged accordingly, after having completed a total of 2 years, 5 months and 5 days of creditable active military service and having accrued 15 days lost time due to AWOL.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

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, applicable law and regulations, it is concluded:

1.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all of the facts of the case.

3.  The applicant has not provided the Board with any argument or evidence to clarify why he should have received a separation based upon a medical condition.

4.  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_  __ HOF __  __ENA__   DENY APPLICATION

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

INDEX

CASE ID	AR2001057618	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/26	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19821206	
DISCHARGE AUTHORITY	AR 635-200, Chpt 13	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A67.00	
2.		
3.		
4.		
5.		
6.