MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 October 2002
	DOCKET NUMBER:   AR2002074439

	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. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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:  That he was found innocent and that all charges were dismissed.

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

He enlisted in Fresno, California, on 16 October 1974, for a period of 3 years, training as a wheel vehicle mechanic and assignment to Fort Ord, California.  He was transferred to Fort Ord to undergo all of his training and remained there afterwards.

On 4 February 1975, while attending his advanced individual training (AIT), nonjudicial punishment (NJP) was imposed against him for the wrongful possession of marijuana.  His punishment consisted of a verbal reprimand, a forfeiture of pay, extra duty and restriction.

On 8 July 1975, NJP was imposed against him for failure to go to his place of duty.  His punishment consisted of extra duty.

On 19 September 1975, NJP was again imposed against him for the wrongful possession of marijuana.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.

His records show that he went absent without leave (AWOL) from 8 June through 14 June and 31 August through 5 September 1976.  However, the record is silent as to any punishment imposed for those offenses.

On 17 September 1976, the applicant’s commander initiated action to separate him from the service under the provisions of Army Regulation 635-200, chapter 13, for unsuitability due to apathy, defective attitudes and inability to expend effort constructively.  He cited as the basis for his recommendation, the applicant’s disciplinary record, his failure to respond to repeated counseling sessions, his total lack of respect for military authority, his lack of responsibility and his inability to be trusted to accomplish a task without constant supervision.

After consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.

The appropriate authority approved the recommendation on 7 October 1976 and directed that he be issued a General Discharge Certificate.

Accordingly, he was discharged under honorable conditions on 22 October 1976, under the provisions of Army Regulation 635-200, chapter 13, for unsuitability due to apathy, defective attitude or inability to expend effort constructively.  He had served 1 year, 11 months and 26 days of total active service and had 13 days of lost time due to AWOL.

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 unsuitable for various reasons that included apathy (lack of appropriate interest), defective attitudes, inability to expend effort constructively, inaptitude, personality disorder or homosexuality.  An honorable or general discharge was required as warranted by the individual’s military record of service.

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 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. 

2.  Accordingly, the type of discharge and the reasons therefore were appropriate given the circumstances in this case.

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

___mm__  __ja ____  ___jlp ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002074439	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/08	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1976/10/22	
DISCHARGE AUTHORITY	AR635-200/CH13	
DISCHARGE REASON	UNSUIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  547	144.4000/A40.00	
2.		
3.		
4.		
5.		
6.