IN THE CASE OF:	

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080011836 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his general discharge be upgraded to an honorable discharge.

2.  The applicant states that there is no documentation in his records which show a pattern of misconduct.  He continues that he never disrespected anyone, never fought with anyone, never got arrested for driving while intoxicated, and never went absent without leave (AWOL).  He believes he was targeted.

3.  The applicant then gives his account of why he was late to formation on several occasions, why he was not at fault for those incidents, and how he accepted nonjudicial punishment (NJP) for those incidents.

4.  The applicant provides documents which he lists in his application in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military personnel records consist primarily of his enlistment contract and his separation document (DD Form 214).  His records do not contain any record of NJP or his discharge packet.

2.  The applicant’s DD Form 214 shows that he enlisted in the Regular Army on 5 August 2004, was awarded the military occupational specialty of motor transport operator, and was promoted to pay grade E-3.  He served in Iraq from 25 October 2005 to 15 October 2006.
3.  On 12 July 2007, the applicant was given a general discharge for a pattern of misconduct.

4.  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, 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.

5.  On 21 May 2008, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge.

DISCUSSION AND CONCLUSIONS:

1.  Without the applicant’s discharge packet, it is impossible to determine what formed the basis for his discharge.  

2.  While the applicant argues his innocence for the NJPs he received, there is no evidence or indication that the NJPs were the primary basis for his discharge, or the sole basis for his discharge.

3.  If the applicant had valid reasons for his tardiness, and if he accepted NJPs for that tardiness, and those NJPs formed the sole basis for his discharge, then the question must be asked why didn’t the applicant contest the NJPs and discharge by submitting documentation to show the reasons for his tardiness at that time.

4.  In view of the foregoing, there is insufficient basis for granting the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080011836



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ABCMR Record of Proceedings (cont)                                         AR20080011836



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