MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 March 2000
	DOCKET NUMBER:   AR1999031522

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 discharge under other than honorable conditions be upgraded to an honorable or a general discharge.

APPLICANT STATES:  That he was young and immature at the time of his acts of indiscipline.  He states that he was tricked into a marriage that he was not mature enough to handle and his misconduct was the direct result of his marriage.  In support of his appeal he submits a copy of his marriage certificate which shows that he was married on 24 April 1981.

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

On 6 July 1979, he enlisted in the Army at age 18 for 3 years in the pay grade of E-1.  He successfully completed his training as a medical specialist.  

On 6 January 1980, he was promoted to the pay grade of E-2.  He was promoted to E-3 on 1 May 1980 and to E-4 on 15 January 1981.  On 24 April 1981 he got married at age 20.

Nonjudicial punishment (NJP) was imposed against the applicant on 16 June 1981 for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay and extra duty.

On 8 September 1981, NJP was imposed against him for being disrespectful toward his superior NCO.  His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.

He had NJP imposed against him again on 24 November 1981 for being AWOL from 13 October until 19 October 1981.  His punishment consisted of a reduction in pay grade, restriction and extra duty.

He also went AWOL from 18 November to 23 November 1981 and 30 November to 1 December 1981; however, the record is silent as to any punishment imposed for those offenses.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Certificate of Release or Discharge, DD Form 214, indicates that the applicant was discharged on 19 January 1982, under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 14 for misconduct - frequent incidents of a discreditable nature with civil or military authorities.  He had served 2 years and 6 months of total active service and had at least 14 days of lost time due to AWOL.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

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.  A discharge under other than honorable conditions is 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.  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 the aforementioned requirement.

2.  There is no evidence of record to support his contention that he was tricked into getting married or that his marriage caused him any problems while he was in the Army.

3.  While the Board is empathetic, the applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.  The Board notes that the applicant had been in the Army for almost 2 years prior to his initial act of indiscipline and he was 20 years old when he got married.

4.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___ja___  ___tsk___  __ao____  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031522	
SUFFIX		
RECON		
DATE BOARDED	2000/03/22	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1982/01/19	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	626	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  713	144.7110/A71.10	
2.  725	144.7600/A76.00	
3.  661	144.6700/A67.00	
4.		
5.		
6.