MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          23 September 2003
		DOCKET NUMBER:  AR2003083832

	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	
	Ms. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Patrick H. McGann, Jr.		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 has an honorable discharge.

APPLICANT STATES:  In effect, that he was issued an Honorable Discharge Certificate (DA Form 256A) on 10 January 1992 when he was discharged from the Army; however, his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect that he was honorably discharged from the Army.  He submits his Honorable Discharge Certificate in support of his request. 

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

On 27 March 1990, he enlisted in the Regular Army for a period of 3 years.  He enlisted for the United States Army COHORT Enlistment Option and the United Sates Army Cash Bonus Enlistment Option.  Following completion of all required military training, the applicant was awarded military occupational specialty (MOS) 13B, Cannon Crewmember, and was assigned to Fort Carson, Colorado.  

On 10 January 1991, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for violating battalion visitation policy and for failing to obey a written order.  His punishment consisted of an oral reprimand and 14 days’ extra duty and restriction (restriction suspended for 60 days, to be automatically remitted by 11 March 1992).

On 1 May 1991, the unit commander recommended that the applicant be barred from reenlistment due to a history of nonjudicial punishment, and his writing numerous dishonored checks.  On 21 May 1991, the Bar to Reenlistment was approved.  On 23 May 1991, the applicant indicated he would not appeal the Bar to Reenlistment.

Between 24 October 1991 and 6 January 1992, the applicant accumulated 4 periods of AWOL (absence without leave).  There is no evidence in the record that he was ever punished for these periods of AWOL.

On 27 November 1991, the unit commander notified the applicant of initiation of separation action under the provisions of chapter 14-12a, Army Regulation 635-200, for misconduct – minor disciplinary infractions, with a UOTHC discharge.  The applicant was advised of his rights.

On 2 January 1992, the Acting Staff Judge Advocate reviewed the elimination proceedings against the applicant and found them to be legally sufficient. 

On 2 January 1992, the appropriate authority approved the separation with a UOTHC discharge and an Under Other Than Honorable Conditions Discharge Certificate (DA Form 794A).  Accordingly, on 10 January 1992, he was separated from the Army with a UOTHC discharge after completing 1 year, 8 months, and 25 days of creditable military service and accruing 19 days of lost time.  The applicant was issued DA Form 256A (Honorable Discharge Certificate) for this period of service ending 10 January 1992 instead of DA Form 794A.

On 12 December 1996, the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  On 9 April 1997, the ADRB upgraded the applicant’s discharge to a general discharge (GD).

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, 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 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.  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.  The evidence of record reflects that the appropriate authority approved the applicant’s separation from service with a UOTHC discharge and DA Form 794A. However, the record shows the applicant was erroneously issued DA Form 256A instead of DA Form 794A.  

3.  The Board also notes that the ADRB upgraded the applicant’s UOTHC discharge to a GD on 9 April 1997.  Accordingly, he was issued a new DD Form 214 reflecting a general, under honorable conditions character of service.

4.  Although the applicant was issued DA Form 256A, his DD Form 214 appropriately reflects that he was separated with a UOTHC discharge on 10 January 1992.  Therefore, the Board concludes that the issuance of DA Form 256A to the applicant was an error and that the issuance of DA Form 256A instead of DA Form 794A does not provide a basis for upgrading his discharge to an honorable discharge.  

5.  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

__jlp___  __aao___  __phm___  DENY APPLICATION

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

INDEX

CASE ID	AR2003083832	
SUFFIX		
RECON		
DATE BOARDED	20030923	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19920110	
DISCHARGE AUTHORITY	AR 635-200 C14	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.