MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 October 2001                   
	DOCKET NUMBER:   AR2001060996

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 discharge be upgraded.

APPLICANT STATES:  That his medical records show that he was given all those Article 15s just to get him out of the Army because he still has the same medical problems.  He provides no supporting evidence although he states that he has his profile record.

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

He enlisted in the Regular Army on 24 April 1973.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B.  He was honorably discharged on 26 January 1975 for the purpose of immediately reenlisting on 27 January 1975.  He again was honorably discharged on 22 December 1975 for the purpose of immediately reenlisting on 23 December 1975.

On 21 March 1977, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for two specifications of failing to go his appointed place of duty, to wit: the Brigade Reenlistment Office.

On 23 August 1977, the applicant accepted NJP under Article 15, UCMJ for three specifications of failing to go to his appointed place of duty, to wit: company formation on 2 July 1977, company formation on 28 July 1977, and the company to move to the field on 3 August 1977, respectively.

On 13 October 1977, the applicant accepted NJP under Article 15, UCMJ for four specifications of failing to go to his appointed place of duty, to wit: physical training formation.

The applicant departed absent without leave (AWOL) 16 through 19 October 1977.

On 24 March 1978, the applicant accepted NJP under Article 15, UCMJ for disobeying a lawful order to fall out for sick call physical training.

On 25 May 1978, the applicant accepted NJP under Article 15, UCMJ for failing to go to physical training formation and for disobeying an order from his superior commissioned officer to sit in a track (vehicle).  Attached to this Article 15 is a statement from his platoon leader.  In it the platoon leader stated that the applicant refused to sit in the armored personnel carrier on the grounds that he (the platoon leader) “had already violated his profile, so sitting down now would not do any good.”  The platoon leader noted that the applicant had come to his platoon as a rehabilitative transfer in possession of a permanent 3 profile which had been downgraded to a temporary 2 profile pending reclassification of the profile.  The temporary profile had basically stated no running on hard surfaces or running, standing, stooping, crawling, or walking for extended periods (not to exceed 10 minutes).  On 4 April 1978, the applicant had to be ordered to secure his weapon and join the rest of the platoon on the way to the motor pool due to the alert as the applicant thought his profile would keep him out of the alert.  Once at the motor pool, the applicant constantly complained that the platoon leader had violated his profile so he ordered the applicant to sit down in formation, which the applicant refused to do.  

On 16 June 1978, the applicant accepted NJP under Article 15, UCMJ for being disrespectful in language towards a superior noncommissioned officer.

On 9 August 1978, the applicant accepted NJP under Article 15, UCMJ for being AWOL from 24 to on or about 28 July 1978, for being disrespectful in language towards his superior noncommissioned officer, and for unlawfully carrying a concealed weapon, to wit: a knife.

The applicant departed AWOL 25 through 26 September 1978.

The applicant’s medical records and profile forms are not available.  The applicant’s discharge packet is not available.

On 30 October 1978, the applicant was discharged, with a discharge under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 14 for misconduct.  He had completed a total of 5 years, 5 months, and 26 days of creditable active service and had 10 days of lost time.

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.  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.  The applicant has failed to submit evidence that would satisfy this requirement and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The applicant’s medical records and profile forms are not available.  However, the Board notes that many of his acts of breach of military discipline, i. e., AWOL, disrespect towards superior noncommissioned officers and commissioned officers, and carrying a concealed weapon, appear to have no relation to any medical problems.  The type of discharge given and the characterization of service given appear to be appropriate considering the available evidence.

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

__slp___  __alr___  __teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060996	
SUFFIX		
RECON		
DATE BOARDED	20011023	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19781030	
DISCHARGE AUTHORITY	AR 635-200, ch 14 	
DISCHARGE REASON	A64.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.