MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           04 APRIL 2002
	DOCKET NUMBER:   AR2002069979

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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 by upgrading his general discharge to honorable.

APPLICANT STATES:  The applicant submitted a DD Form 293 (Application for the Review of Discharge of Dismissal from the Armed Forces of the United States), which was accepted in lieu of a DD Form 149.   The applicant submits no evidence in support of his request.

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

The applicant enlisted in the Regular Army on 20 June 1977, for a period of 
4 years.  He successfully completed basic and advanced individual training and was awarded Military Occupational Specialty (MOS) 11C (Ammunition Bearer).  

Between July 1978 and December 1980, the applicant received 5 nonjudicial punishments under the provisions of Article 15, Uniform Code of Military Justice, for failure to go to his appointed place of duty, larceny, sleeping on post, the wrongful appropriation of a military taxi, being disrespectful to a superior noncommissioned officer, and for being absent without leave.  His punishments included forfeitures, extra duty, correctional custody, and reduction to pay grade E-1.

On 26 January 1981, his company commander notified him of his intent to initiate his separation under the provisions of Army Regulation 635-200, chapter 14, because of his inability to adapt to a disciplined environment and frequent acts of a discreditable nature. 

On 3 March 1981, the applicant acknowledged notification of his commander’s intent and authenticated a statement with his signature in which he requested consideration of his case by a board officers, representation by legal counsel, personal appearance before the board, and elected not to submit statements on his own behalf.  

On 29 April 1981, a board of officers convened to determine whether or not the applicant should be discharged prior to the expiration of his term of service by reason of misconduct.  The applicant and his counsel appeared before the board. The applicant’s main contention before the board of officers was his problem with alcohol.  He felt that he should be retained until his expiration term of service.   He wanted to get out of the Army, clean up his personal problems and then come back into the Army and make it a career.     

After carefully considering all the evidence presented, the board of officers found that the applicant was not suitable for further service, and recommended that he be discharged from the Army with the issuance of a general discharge.  

On 21 May 1981, the appropriate separation authority approved the findings and recommendation of the board of officers, and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 14, and issued a general discharge certificate.  

On 11 June 1981, the applicant was discharged under the provisions of the above cited regulation.  His DD Form 214 indicates he had 3 years, 11 months and 22 days of active service and 4 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.  The discharge proceedings were conducted in accordance with law and regulations applicable at time.  The character of the discharge is commensurate with the applicant’s overall record of military service.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

3.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

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 to show that there was an error or injustice in this case.

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

__AAO   _  ___RWA_  __KYF__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069979	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020404	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.