MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          28 October 2003 
		DOCKET NUMBER:  AR2003088354

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. Troup		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 under other than honorable conditions be upgraded to honorable.

APPLICANT STATES:  That he only received two nonjudicial punishments during his enlistment and that he believes these two incidents led to his discharge.  He contends that he was neither consulted nor asked what he wanted to do but merely told to sign the papers and leave.  In support of his application, he submits two DA Forms 2627 (Record of Proceedings under Article 15, UCMJ) and a copy of his DD Form 214 (Report of Separation from Active Duty).   

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

Having prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 17 October 1978 for a period of 3 years.  He completed One Station Unit Training and was transferred to Germany for duty as an infantryman.

On 13 March 1979, a Notification of Dishonored Checks in the amount of $1,226.53 was sent to the applicant's command from the Army and Air Force Exchange Service in Germany.     

On 5 April 1979, nonjudicial punishment was imposed against the applicant for being absent without leave from his place of duty for several hours (number of hours unknown) and failure to repair (two specifications).  His punishment consisted of a forfeiture of pay, restriction, and extra duty.  

On 20 April 1979, nonjudicial punishment was imposed against the applicant for leaving his guard post without authority, disobeying a lawful order of his superior noncommissioned officer, and using disrespectful language towards a superior noncommissioned officer.  His punishment consisted of a forfeiture of pay, restriction, and extra duty. 

The facts and circumstances surrounding the applicant's discharge are not contained in the available records.  However, the applicant's DD Form 214 shows that he was discharged under other than honorable conditions on 1 June 1979 under the provisions of Army Regulation 635-200, paragraph 14-33b(2).  

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Chapter 14, paragraph 14-33b(2), provided for 

discharge due to patterns of misconduct due to an established pattern for shirking.  A discharge under other than honorable conditions was normally considered appropriate.  

Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that 
any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

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.  In the absence of evidence to the contrary, it must be presumed that the applicant’s separation was administratively correct and in conformance with applicable regulations.  Accordingly, the type of discharge directed and the reasons for separation appear to be appropriate.

3.  The Board reviewed the available records which included two nonjudicial punishments and a notification of dishonored checks in the amount of $1,226.53 and determined that the applicant's quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant is not entitled to an honorable discharge. 

4.  The applicant failed to convince the Board through the evidence submitted that his discharge was unjust and should be upgraded.

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

RJW____  LDS____  MJT_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003088354	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19790601	
DISCHARGE AUTHORITY	AR 635-200, PARAGRAPH 14-33B(2)	
DISCHARGE REASON	Misconduct due to an established pattern for shirking	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.