MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 October 2002                  
	DOCKET NUMBER:   AR2002072666

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Karen A. Heinz		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, he has suffered long enough with the bad discharge and that he has paid for his mistakes.  He believes that his service overseas outweighs the offenses that led to his discharge.

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

The applicant entered active duty on 13 June 1986 and completed basic combat training, advanced individual training, and served for 25 months, in Germany, without any reported negative incidents.  His highest rank attained was specialist (SP4) (E-4).  During his service in Germany, the applicant received the Army Achievement Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Badge with Hand Grenade Bar, the Marksman Badge with Rifle Bar, and the Driver-Mechanic Badge with Driver-T Component Bar.

On 18 April 1989, the applicant received nonjudicial punishment (NJP), under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for theft of two cassette tapes; on 29 June 1989, for operating a motor vehicle while drunk and failure to go to his appointed place of duty; and, on 22 August 1989, for breaking restriction.  He also received a letter of reprimand for misuse of alcohol and unsafe operation of a motor vehicle on 23 June 1989.  Additionally, he received a negative counseling statement for "failure to show-up for extra-duty from 1 July 1989 through 4 July 1989."

The applicant's company commander commenced discharge proceedings under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct, commission of a serious offense, on 18 September 1989.  He recommended that the applicant receive an under other than honorable conditions characterization of service.

On 29 September 1989, after consultation with military counsel, the applicant acknowledged and waived his right to a separation board, to appear before that board, to make a statement on his own behalf, and to have counsel represent him.  He acknowledged that if he received a less than honorable discharge he would not be entitled to most or all veteran's benefits and that he could expect to encounter substantial prejudice in civilian life.

The discharge authority approved the recommendation and directed that the applicant be discharged for misconduct, under the provisions of Army Regulation 635-200, paragraph 14-12c.  The applicant was discharged on 30 October 1989. 

The applicant applied to the Army Discharge Review Board and was denied any relief by that board's decision dated 1 November 1994.

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.  Specifically paragraph 14-12c is for a pattern of misconduct, commission of a serious offense, conviction by civil authorities, absence without leave, or other actions that a punitive discharge is authorized under the UCMJ.  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 Board does not find that the applicant's overseas service was so meritorious as to outweigh the series of offenses that led to his discharge.

2.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and veteran's benefits.  He was afforded the opportunity to submit statements in his own behalf, but he declined to do so.

3.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the offenses that led to his discharge.

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

__RVO__  __KAH __  __BJE___  DENY APPLICATION

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

INDEX

CASE ID	AR2002072666	
SUFFIX		
RECON		
DATE BOARDED	20021024	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.95	
2.	144.9219	
3.		
4.		
5.		
6.