MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 MAY 2003                  
	DOCKET NUMBER:   AR2003085065

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Gail J. Wire		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 undesirable discharge be upgraded.

APPLICANT STATES:  That his discharge is inequitable because it was based on an isolated incident.  He states that he was assigned to Panama at the time of the incident, and that while attempting to defend the woman he was with, the military police arrived.  He states that he and his friend resisted arrest and attacked the military police.  As a result, the applicant states he was transferred to the Retraining Brigade at Fort Riley, Kansas and accepted a discharge in lieu of trial by court-martial.  He notes that he served for 36 months without any other adverse action.  He submits no evidence in support of his request.

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

He entered active duty on 9 January 1973.  He was nearly 18 years old at the time of his enlistment and had a GT (general technical) score of 107.

In April 1973, while undergoing training, he was punished under Article 15 of the Uniform Code of Military Justice for receiving stolen property.  However, he successfully completed training and by September 1973 had been promoted to pay grade E-3.

While assigned to Fort Campbell, Kentucky, the applicant was punished two more times under Article 15 of the Uniform Code of Military Justice; once in May 1974 for failing to go to his appointed place of duty and once in August 1974 for disobeying an order.

In February 1975 the applicant was assigned to Panama.  He was punished a fourth time under Article 15 of the Uniform Code of Military Justice in December 1975 for again failing to go to his appointed place of duty.

In April 1976 the applicant was convicted by a special court-martial of striking a commissioned officer, disobeying a commissioned officer and a noncommissioned officer, being disrespectful, and breaking restriction.  His punishment included confinement at hard labor for 5 months and forfeiture.  He was then assigned to the Retraining Brigade at Fort Riley, Kansas.

In May 1976 his commander at the Retraining Brigade initiated action to administratively separate the applicant from active duty under the provisions of Army Regulation 635-200, Chapter 13 for frequent incidents of a discreditable nature.  The commander cited the applicant's special court-martial and records of punishment under Article 15 of the Uniform Code of Military Justice as the basis for his recommendation.  In an interview with the commander, the applicant stated that he "wants out of the Army."  The applicant acknowledged receipt of the proposed separation and waived his attendant rights.

On 21 May 1976 the applicant was discharged under other than honorable conditions and was issued an undesirable discharge certificate.

Army Regulation 635-200, Chapter 13, in effect at that time, provided for the administrative separation of soldiers for unfitness who were involved in frequent incidents of a discreditable nature.  When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.

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 contention that his discharge should be upgraded because it was the result of a single incident is without foundation.  The Board notes that the applicant was convicted by one special court-martial and was punished four times under Article 15 of the Uniform Code of Military Justice.

2.  The applicant's discharge was appropriate considering his frequent incidents of misconduct.

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 that 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

__RVO__  __SK____  __GJW__  DENY APPLICATION

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

INDEX

CASE ID	AR2003085065	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030522	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.