MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            23 July 2002
	DOCKET NUMBER:   AR2002072202

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Gail J. Wire		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 general discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that his general discharge should be upgraded because of his mental condition, his incarcerations and his not being counseled as to his rights to appeal for an upgrade of his discharge.

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

He initially enlisted in the Illinois Army National Guard (ILARNG) on 28 February 1980.  He entered initial active duty for training (IADT) on 16 May 1980 and successfully completed his training as a tactical wire operations specialist at Fort Gordon, Georgia.  He was honorably released from active duty and was returned to his ILARNG unit on 30 August 1980.

Upon his return, the applicant submitted a request for a conditional release from the ILARNG, due to a change of residence to the State of New York.  His release was approved, conditional on his enlisting in the New York Army National Guard (NYARNG) for the remainder of his service obligation.  

He was honorably released from the ILARNG on 12 December 1980 and enlisted in the NYARNG on 13 December 1980 for a period of 5 years, 2 months and 14 days.

The facts and circumstances surrounding his discharge are not present in the available records.  However, his records show that in February 1981 he stopped attending drills and the commander sent repeated notices of unexcused absences to the applicant via Certified Mail.  His records also contain a report of separation (NGB Form 22) showing that he was released under other than honorable conditions from the NYARNG on 30 September 1982, under the provisions of National Guard Regulation 600-200, for unsatisfactory participation. He was transferred to the United States Army Reserve Control Group (Annual Training), where he remained assigned, until he was discharged under honorable conditions on 27 February 1986, upon completion of his statutory obligation.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 4 August 1991.  He offered no argument or basis for an upgrade and the ADRB found no basis to upgrade his discharge.  The ADRB voted unanimously to deny his application on 30 August 1993.  At the time of that board’s denial of his case, the ADRB notified the applicant of the procedures and provided him the forms to apply to this Board.

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 or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  A review of the available evidence shows that after requesting a transfer from the ILARNG to the NYARNG, the applicant failed to fulfill his service obligation by attending his scheduled training/drills.  Accordingly, the Board finds that his service does not warrant a fully honorable discharge for such a short period of actual participation in the Reserve Components.

3.  The applicant’s contentions have been noted by the Board and appear to be without merit.  The applicant was notified of the procedures for applying to this Board when his application was denied by the ADRB.

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

___hof __  __gw____  __jlp____  DENY APPLICATION

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

INDEX

CASE ID	AR2002072202	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/23	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1986/02/27	
DISCHARGE AUTHORITY	AR135-178	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  456	144.0301/A03.01	
2.		
3.		
4.		
5.		
6.