MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           7 May 2002                  
	DOCKET NUMBER:   AR2002067906

	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. Lee Cates 		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin 		Member	
	Mr. John T. Meixell		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 records be corrected to show that his characterization of service was honorable instead of general, under honorable conditions.

APPLICANT STATES: That he wants his discharge upgraded so he can work and care for his family and move on with his life.

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

On 20 March 1980, the applicant enlisted in the Army for 3 years.  He completed his required training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He was advanced to pay grade E-2, effective    20 September 1980.

On 5 December 1980, while assigned to a unit at Fort Lewis, Washington, he was convicted by a summary court-martial of larceny and unlawful entry.  His sentence included confinement at hard labor for 60 days, a forfeiture of $334 pay per month for 2 months and reduction to pay grade E-1. 

On 5 December 1980, he was confined at Fort Lewis.

On 16 December 1980, he was transferred to the Army Retraining Brigade, Fort Riley, Kansas for completion of his sentence.  While confined there, he was involved in numerous discreditable incidents and accumulated 28 OR’s (Observation Reports) and 4 TCR’s (sic) (late for formation on 2 occasions, security violation, and disrespect to a noncommissioned officer).

On 10 March 1981, his commander advised him that he was initiating action to discharge him under the provisions of Army Regulation 635-200, chapter 14, based on his pattern of misconduct.  He was advised of his rights.

On 12 March 1981, after consulting with legal counsel, he acknowledged his commander’s notification.  He requested consideration of and personal appearance before an administrative board.

On 9 April 1981, an Administrative Discharge Board recommended elimination from the service for misconduct with issuance of a General Discharge Certificate (GDC).

On 28 April 1981, the appropriate separation authority approved the discharge recommendation and directed a GDC be issued.

On 29 April 1981, he was discharged, in pay grade E-1, under the above-cited regulation with issuance of a GDC.  His separation document indicates he had    11 months and 21 days of creditable service.
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, conviction 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.

The regulation provides that an honorable discharge is a separation with honor, and that the honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.

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 general discharge, under honorable conditions was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his right.

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

3.  The applicant was properly issued a General Discharge Certificate, and he is not entitled to a fully honorable discharge.

4.  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.

5.  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

_sac____  _jtm____  _kwl____    DENY APPLICATION

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

INDEX

CASE ID	AR2002067906	
SUFFIX		
RECON		
DATE BOARDED	20020507	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144	
2.		
3.		
4.		
5.		
6.