MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 December 2002                  
	DOCKET NUMBER:   AR2002072420

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. William D. Powers		Member	
	Ms. Barbara J. Ellis		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 discharge be upgraded.

APPLICANT STATES:  In effect, that he needs to have his discharge upgraded to become a police officer.  He states that this type of discharge was the only option that his company commander gave him.  

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

The applicant entered active duty on 27 December 1974 and completed basic combat training and advanced individual training.

On 16 January 1975, the applicant received a Certificate of Achievement from the commanding officer Schofield Barracks, Hawaii for his work during a training exercise. 

On 11 March 1976, he received a letter of thank you, signed by a major general, for his work on the expansion of the playground at the day care center.

The applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) three times for being absent from his appointed place of duty.

Following his third NJP, 3 December 1975, the applicant was referred to the mental hygiene clinic for a mental status evaluation (MSE).  The MSE, conducted on 16 December 1975, found no abnormalities and reported that the applicant was capable to understand and participate in any board actions deemed appropriate. 

The applicant was reported absent from his appointed place of duty a fourth time on 28 January 1976.  

On 13 February 1976, his company commander initiated discharge proceedings under Army Regulation 635-200, paragraph 5-37 (Expeditious Discharge Program).  The commander cited the applicant's inability to adapt, poor attitude, and hostility towards the military service as documented by 12 negative counseling incidents and three NJPs.  The company commander recommended that the applicant receive a general under honorable conditions discharge.

After consulting with counsel and being advised of his rights and options, the applicant acknowledged the proposed discharge and voluntarily accepted this discharge.  He acknowledged he had been advised of and understood his rights and that he if he received a general discharge that he could expect to experience substantial prejudice in civilian life if he received a general discharge.

The discharge authority approved the request for discharge under Army Regulation 635-200, paragraph 5-37 and directed that the applicant receive a general discharge.  

The applicant was discharged on 5 March 1976 with 1 year, 2 months, and 23 days of creditable service.  

Army Regulation 635-200 provides the policy and sets forth the procedure for administrative separation of enlisted personnel.  Chapter 5, as then in effect, provided, in pertinent part, for the Expeditious Discharge Program (EDP).  This program provided that an individual who had completed at least 6 months, but less than 36 months of active duty and who demonstrated (by poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential) that they could not or would not meet acceptable standards could be separated.  Such personnel were issued a general or honorable discharge, as appropriate, except that a recommendation for a general discharge had to be initiated by the immediate commander and the individual had to consult with legal counsel.  Separation program designator (SPD) was the appropriate designator for discharge under this test program.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded that:

1.  The applicant's voluntary acceptance of an EDP discharge was administratively correct and in conformance with applicable regulations.  

2.  The applicant's two favorable actions do not outweigh the 15 reported infractions; therefore the Board concludes that his service is appropriately characterized by his overall record.

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

__LLS___  ___WDP_  __BJE __  DENY APPLICATION

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

INDEX

CASE ID	AR2002072420	
SUFFIX		
RECON		
DATE BOARDED	20021217	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.7	
2.		
3.		
4.		
5.		
6.