MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           20 April 2000
	DOCKET NUMBER:   AR1999029461

	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.

	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Roger Able		Member	
	Ms. Margaret V. Thompson		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 (UOHC) be upgraded to general, under honorable conditions (GD).

APPLICANT STATES:  The applicant states that he was advised that after discharge his characterization of service would automatically be upgraded to GD. 

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

He enlisted in the Regular Army (RA) for a period of 4 years on 9 July 1980.  He successfully completed basic combat training at Fort Jackson, South Carolina, and transferred to Fort Campbell, Kentucky for advanced individual training (AIT) in military occupational specialty 11B (Infantryman).  It appears that he did not complete AIT.

On 7 July 1980 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for willfully disobeying; disrespectful language and comportment towards a noncommissioned officer (NCO); and willfully destroying an Army Physical Fitness Test (APFT) scorecard.  The punishment consisted of 7 days confinement at the Correctional Custody Facility (CCF), forfeiture of $104, and 14 days extra duty. 

On 22 December 1980 he accepted NJP for failing to go to his appointed place of duty.  The punishment consisted of 7 days confinement at the CCF and forfeiture of $100.

On 24 April 1981 he accepted NJP for possession of one ounce of marijuana.  The punishment consisted of 30 days confinement at the CCF and forfeiture of $250 per month for 2 months.

On 1 May 1981 the applicant departed AWOL.  On 6 May 1981 he returned to the control of military authorities.

On 19 May 1981 the applicant was convicted by summary court-martial (SCM) for AWOL, three specifications of disrespect; two specifications of disobedience; and one specification of making provoking gestures.  He was sentenced to confinement at hard labor 30 days.

On 17 June 1981 he accepted NJP for failing to obey.  The punishment consisted of forfeiture of $100, and 14 days restriction and extra duty.

On 24 June 1981 the unit commander initiated action to discharge him under the provisions of Army Regulation 635-200 by reason of misconduct - frequent incidents of a discreditable nature with military authorities. 

On 30 June 1981 the applicant was advised of his rights, voluntarily waived his right to counsel, and was notified of the impact of receiving an UOHC. 

On 10 July 1961 the separation authority approved the applicant’s discharge under the provisions of AR 635-200 by reason of misconduct and issuance of an UOHC.  Accordingly, he was discharged on 15 July 1981 after completing 11 months and 3 days of active military service. 

Army Regulation 635-200, in effect at the time, set 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 spearate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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

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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  In view of the applicant’s many acts of indiscipline, it does not appear that his UOHC was too severe.

2.  The applicant has not submitted any evidence, nor does the record support, his contention that he was advised that his UOHC would revert to a GD after separation from the Army.  The record shows that the applicant was properly advised of his rights during the discharge process and that he was notified of the proposed characterization of his service.

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 failed to submit evidence that would satisfy the aforementioned 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

___wtm__  ___ra___  __mvt____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029461	
SUFFIX		
RECON		
DATE BOARDED	20000420	
TYPE OF DISCHARGE	UOCH	
DATE OF DISCHARGE	19810715	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	6000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 9445		
2. 9217		
3. 0100		
4. 9500		
5.		
6.