MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           2 October 2003                  
	DOCKET NUMBER:   AR2003085289

	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:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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:  That he was under a lot of stress and wasn’t given a fair chance.  He states that his first sergeant was an alcoholic and that he wouldn’t accept his mistreatment.  He believes that he has suffered long enough. 

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

The applicant entered active duty on 17 November 1976.  He completed training and served as a motor transport operator.

On 17 February 1977 he received nonjudicial punishment (NJP), under Article 15, Uniform Code of Military Justice, for failure to obey a lawful order.

On 15 July 1977 he received NJP for failure to go to his place of duty.

On 20 July 1977 he received NJP for disrespectful language toward an officer and for two incidents of failure to go to his place of duty.

On 19 December 1977, he received NJP for failure to go to his place of duty and two incidents of absenting himself from his appointed place of duty.

On 31 January 1978 he received his fifth NJP for three incidents of failure to go to his place of duty.

On 3 February 1978 a special court-martial found him guilty of two incidents of failure to go to his place of duty, two incidents of willfully disobeying a lawful order from a commissioned officer, and one incident of willfully disobeying a lawful order from a noncommissioned officer.  His sentence was for confinement for 30 days, forfeiture of $100.00, and reduction to pay grade E-1.

Although the discharge packet is not of record, on 17 March 1978 the applicant was discharged under Army Regulation 635-200, chapter 14, for frequent incidents of misconduct.  He received an under other than honorable conditions characterization of service.  He had 1 year, 4 months, and 4 days of creditable service with 44 days lost due to confinement. 

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, conviction by civil authorities, and desertion or absence without leave.  This regulation states that action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged under chapter 14.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.

2.  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.

3.  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

____KAN  __LE____  ___JTM__  DENY APPLICATION

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

INDEX

CASE ID	AR2003085289	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144	
2.		
3.		
4.		
5.		
6.