MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 September 2001
	DOCKET NUMBER:   AR2001059265

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		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:  In effect, that the narrative reason for his discharge be changed from misconduct to administrative. 

APPLICANT STATES:  In effect, that a change to the reason for his discharge is supported by documents in his military service record.  

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

On 3 June 1986, he enlisted in the Regular Army for 4 years.  He successfully completed training and was awarded military occupational specialty (MOS) 11B (Infantryman) and was assigned to the 3rd Infantry Division, Fort Myer, Virginia.

The applicant’s record shows that during his active duty tenure the highest rank he attained was specialist/E-4 (SPC/E-4) and that he earned the following awards:  Army Service Ribbon; Army Achievement Medal; National Defense Service Medal; and Army Good Conduct Medal.  There are no acts of valor documented in his record. 

The applicant’s disciplinary history includes his acceptance of nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on two separate occasions.  The first on 7 February 1990, for being absent without leave (AWOL) for 2 days and the second on 
5 February 1992, for being disrespectful in deportment toward a superior noncommissioned officer (NCO) and for altering an official statement with the intent to deceive. 

On 23 March 1992, the applicant’s unit commander notified him that he intended to initiate separation action against him, under the provisions of chapter 14, Army Regulation 635-200, for misconduct-commission of a serious offense and to recommend he receive a general, under honorable conditions discharge (GD).  

The applicant was advised of his rights and consulted legal counsel.  After being advised of the basis for the contemplated separation action against him he submitted a statement in his own behalf.  

On 19 May 1992, the appropriate separation authority after reviewing the separation packet to include the applicant’s statement, directed he be separated with a GD.  Accordingly, on 22 May 1992, the applicant was discharged after completing a total of 3 years, 11 months, 20 days of creditable active military service and having accrued 2 days of time lost due to AWOL.  

On 26 January 2001, the Army Discharge Review Board (ADRB), based on the applicant’s overall record of service, voted to upgrade his characterization of service to fully honorable.  However, the ADRB concluded that the reason for discharge was proper and equitable and voted not to change it. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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 notes the applicant’s contention that his overall record of service supports a change to the narrative reason for his discharge but finds this claim lacks merit.  While the Board concurs with the upgrade action taken by the ADRB, it finds insufficient evidence to support changing the reason for discharge. 

2.  The Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  In the opinion of the Board, his overall record of service was appropriately recognized with the honorable discharge upgrade granted by the ADRB.  Lacking independent evidence to the contrary, the Board is convinced that the narrative reason for his discharge was proper and equitable and that there is no basis for changing it at this time. 

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

__JNS___  __LE ___  __REB___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059265	
SUFFIX		
RECON		
DATE BOARDED	2001/09/25	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19925/05/22	
DISCHARGE AUTHORITY	AR 635-200 C14	
DISCHARGE REASON	Misconduct	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.