MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           3 December 2002                  
	DOCKET NUMBER:   AR2002073680

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Charmane Collins		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:  In effect, that his records be corrected to show that he was discharged under more favorable circumstances.

APPLICANT STATES:  That he was involuntary separated.  In support of his request, he provides a copy of his changed DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of page 5 of an Army Discharge Review Board (ADRB) case, two letters of support, Permanent Order 008-002, 22d Personnel Services Battalion, dated 8 January 2001 awarding the Good Conduct Medal for the period 3 February 1998 to 2 February 2001, a DA Form 1059 (Service School Academic Evaluation Report) showing satisfactory completion of the Primary Leadership Development Course (PLDC), during the period              1 through  30 April 1999, a Diploma for PLDC, a memorandum for the Commander, Regional Correction Facility appointing the applicant as assistant command escort for an individual on temporary release, and a letter from the Commander, Madigan Army Medical Center, Fort Lewis, Washington to the Commander, 23 Infantry Battalion, 1st Rifle Company, Fort Lewis showing hospitalization from 15 to 20 February 2001. 

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

During the period 5 August 1988 through 15 August 1991, when he received a General Discharge, he was a member of the Army National Guard.

During the period 16 August 1991 through 2 February 1998, he was a member of the Army Reserve.

On 3 February 1998, the applicant enlisted in the Regular Army.

On 2 March 2000, he reenlisted in the Army.

On 20 March 2001, he received nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave on 15 February 2001.

The facts and circumstances surrounding the applicant’s discharge are not contained in the available records.  However his DD Form 214 shows that he was discharged under the provisions of Army Regulation 635-200, chapter 14, for misconduct.

On 21 May 2001, the applicant was discharged from active duty under Army Regulation 635-200, chapter 14, misconduct.  His separation document indicates he had a total of 3 years, 3 months and 19 days of creditable service and one day of lost time and a total of 4 years, 4 months and 14 days of active service.

On 8 February 2002, the ADRB found that his discharge was proper and equitable; however, it was determined that the characterization was not equitable and changed the characterization to honorable.

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, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.

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 evidence of record shows the applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

2.  The type of discharge directed, and to which upgraded and the reasons therefore were appropriate considering all the facts of the case.  The reason for his discharge was proper, authorizing an honorable discharge, and he has not shown error or injustice concerning the reason for the discharge. 

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

_JEA____  __CC___  _FNE___    DENY APPLICATION

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

INDEX

CASE ID	AR2002073680	
SUFFIX		
RECON		
DATE BOARDED	20021203	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.