MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 August 2002
	DOCKET NUMBER:   AR2002071640

	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. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Donald P. Hupman		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 undesirable discharge be upgraded to a more favorable discharge.

APPLICANT STATES:  That he does not believe that he should have been discharged for what he did because he was only eighteen years of age when he entered the Army and had never done drugs until he came into the Army.  He further states that he should have been placed in some type of treatment program at the time.  He also states that he is getting his life together and could use an upgrade of his discharge to help his two kids.

EVIDENCE OF RECORD:  The applicant's military records, though somewhat incomplete, show:

The applicant enlisted in San Antonio, Texas, on 25 October 1974, for a period of 2 years.  He successfully completed his basic combat training and was transferred to three separate installations before he could complete an advance individual training (AIT) program.  He eventually completed AIT as a light weapons infantryman and was transferred to Korea on 28 June 1975.

On 20 August 1975, nonjudicial punishment (NJP) was imposed against the applicant for being absent without leave (AWOL) from 9 August to 12 August 1975.  His punishment consisted of a forfeiture of pay, extra duty and restriction. 

Although the specifics are not present in the available records, his records show that he was confined by military authorities from 8 November to 24 November 1975.  He was also barred from reenlistment.

On 4 December 1975, NJP was imposed against him for failure to go to his place of duty.  His punishment consisted of a reduction to the pay grade of E-1 (suspended for 30 days), a forfeiture of pay and restriction.

On 15 December 1975, NJP was imposed against him for being disrespectful towards two noncommissioned officers.  His punishment consisted of a forfeiture of pay and restriction.

NJP was imposed against him on 9 March 1976, for the wrongful possession of marijuana.  His punishment consisted of a forfeiture of pay, extra duty and restriction. 

The applicant was also confined by military authorities on 12 January 1976 and was subsequently transferred to the Army Retraining Brigade at Fort Riley, Kansas, on 19 February 1976, which is indicative that he was convicted by a court-martial.  

The facts and circumstances surrounding his discharge are also not present in the available records; however, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant, which shows that he was discharged under other than honorable conditions on 17 March 1976, from the Retraining Brigade, under the provisions of Army Regulation 635-200, chapter 13, for unfitness due to frequent involvement in incidents of a discreditable nature with civil and military authorities.  He had served 1 year, 2 months and 14 days of total active service and had 69 days of lost time due to AWOL and confinement.

There is no indication in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-200, chapter 13, in effect at the time, established policy and provided guidance for eliminating enlisted personnel found to be unfit or unsuitable for further military service.  An individual could be found unfit for various types of misconduct that included frequent incidents of a discreditable nature with military authorities and personality disorders.  An undesirable discharge was normally considered appropriate.

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 the absence of evidence to the contrary, it must be presumed that the applicant’s administrative discharge was accomplished in accordance with applicable regulations in effect at the time with no indication of any procedural errors that would tend to jeopardize his rights.  Accordingly, the type of discharge and the reasons therefore were appropriate given the circumstances in this case.

2.  The applicant’s contentions have been noted by the Board; however, they are not sufficiently mitigating to warrant relief when compared to his overall 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

___ls  ___  __pm ___  __dh____  DENY APPLICATION

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

INDEX

CASE ID	AR2002071640	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/06	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1976/03/17	
DISCHARGE AUTHORITY	AR635-200/CH13	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.