MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            25 October 2001
	DOCKET NUMBER:   AR2001058761

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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 general discharge be upgraded to honorable.

APPLICANT STATES:  The applicant offers no argument to support his request for an upgrade of his discharge.

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

He enlisted in Dallas, Texas at the age of 29, on 22 December 1970, for a period of 2 years.  He successfully completed his training and was transferred to Fort Hood, Texas for duty as a chaplain’s assistant.  He was promoted to the pay grade of E-3 on 26 April 1971.

On 28 March 1972, nonjudicial punishment was imposed against him for disobeying a lawful order from a senior noncommissioned officer (NCO) on 20 March 1972, for failure to go to his place of duty on 21 March 1972 and failure to obey lawful orders from an NCO on 22 March 1972.  His punishment consisted of a reduction to the pay grade of E-2.  He appealed the punishment and his appeal was denied on 4 April 1972.

On 28 May 1972, the applicant’s commander initiated a request to release the applicant from active duty under the expanded Qualitative Management Program (QMP) for personnel serving in the pay grades of E-1 and E-2 for failure to demonstrate potential for advancement.  The commander indicated that he had counseled the applicant on several occasions concerning his attitude, personal appearance and performance of duty.  The applicant’s attitude and demeanor were not conducive to an adequate performance and there was no indication on the applicant’s part to correct his shortcomings.  The commander indicated that promotion to the next higher grade was not contemplated and recommended that he be discharged under honorable conditions.  The applicant acknowledged that he had been counseled.

The appropriate authority approved the recommendation for discharge on 22 June 1972 and directed that he be furnished a General Discharge Certificate.

Accordingly, he was discharged under honorable conditions on 12 July 1972 under the provisions of Army Regulation 635-200, paragraph 5-33 and Deputy Chief of Staff for Personnel (DCSPER) message number 242110Z September 1971.  He had served 1 year, 6 months and 21 days of total active service and was advised of the procedures for applying to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.

He applied to the ADRB for an upgrade of his discharge on 18 January 1973.  The ADRB determined that he had been properly discharged and denied his request on 30 October 1973.

On 6 September 1975, the applicant received a waiver and enlisted in the Illinois Army National Guard (ILARNG) for a period of 1 year.  He was honorably released from the ILARNG on 5 September 1976 upon the expiration of his term of service (ETS) and was transferred to the United States Army Reserve Control Group (Standby Reserve), where he remained until he was honorably discharged on 21 December 1976. 

Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 5 of that regulation, which was further expanded by DCSPER message 242110Z September 1971, provided authorization for separation for the convenience of the government.  It provided, in pertinent part, for a discharge based on failure to demonstrate promotion potential and meet acceptable standards for retention.  A general discharge under honorable conditions was normally issued.

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 on 12 July 1972 was accomplished in accordance with regulations then in effect, with no procedural errors which would tend to jeopardize his rights. 

2.  The type of discharge issued and the reasons therefore were appropriate given the circumstances in this case and the applicant’s otherwise undistinguished record of service.

3.  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.

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

___kan __  ___reb __  ___rjw __  DENY APPLICATION

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

INDEX

CASE ID	AR2001058761	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/25	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1972/07/12	
DISCHARGE AUTHORITY	AR635-200/CH5	
DISCHARGE REASON	CON OF GOVT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  469	144.7000/A07.00 ERLY SEP UNDER DIR PROGRAMS	
2.		
3.		
4.		
5.		
6.