MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 July 2000                   
	DOCKET NUMBER:   AR1999032520

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon		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 her discharge be upgraded.

APPLICANT STATES:  That she was told that her discharge would be automatically upgraded 6 months after she was discharged.  Right now she is trying to get her life back but she needs help.  She needs an upgraded discharge to get that help.  She provides no supporting evidence.

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

She enlisted in the Regular Army on 11 September 1981.  She completed basic training and advanced individual training and was awarded military occupational specialty 76Y (Unit Supply Specialist).  

On 19 November 1982, the applicant was convicted by a summary court-martial of two specifications of theft (one box of cologne and one carton of cigarettes) from the post exchange.  She was sentenced to forfeit $100.00 for 1 month and to be restricted for 30 days.  

Between February 1982 and July 1983, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on three occasions.

On 19 September 1983, the applicant was notified that she was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14 for acts or patterns of misconduct -- minor disciplinary infractions.  Her three Article 15s and summary court-martial conviction were cited as the specific reasons for the recommendation.

On 28 October 1983, the applicant was convicted by a summary court-martial of four specifications of failing to go to her appointed place of duty, one specification of being disrespectful towards a noncommissioned officer, and one specification of failing to obey an order.  She was sentenced to forfeit $200.00 and to be confined at hard labor for 30 days.

The applicant acknowledged notification and consulted with legal counsel.  She requested consideration of her case by a board of officers, requested personal appearance before such a board, and requested consulting counsel.  She did not submit a statement in her own behalf.  She may have later waived her right to a board hearing as there is no record of evidence that one was held.

On 25 November 1983, the applicant underwent a mental status evaluation.  She was found to have the mental capacity to understand and participate in proceedings and to be mentally responsible.  

On 6 February 1984, the appropriate commander approved the recommendation and directed she be furnished an Under Other Than Honorable Conditions Discharge Certificate.

The applicant was discharged on 10 February 1984, under the provisions of Army Regulation 635-200, chapter 14 for misconduct – patterns of misconduct.  She had completed 2 years and 4 months of creditable active service and had  29 days of lost time.

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.

The U. S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant requests a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  The Defense Discharge Review Standards specifically stated that no factors should be established which would require automatic change or denial of a change in discharge.

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.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations.  Considering her numerous infractions of military discipline, the type of discharge given was appropriate.  

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

__gdp___  __eb____  __mvt___  DENY APPLICATION

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

INDEX

CASE ID	AR1999032520	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19840210	
DISCHARGE AUTHORITY	AR 635-200, ch 14	
DISCHARGE REASON	A60.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.