MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 June 2000
	DOCKET NUMBER:   AR1999034174

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell 		Chairperson	
	Ms. Lana E. McGlynn 		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:  That his general discharge be upgraded to honorable.

APPLICANT STATES:  That he was not advised that he had an option to appear before an elimination board and to appeal to the approving authority.  Also, he was not advised of his entitlement to be represented by counsel.  He further states that he did not receive proper counseling regarding his performance; his supervisor had a personality conflict with him.  In support of his request, the applicant submits a copy of his DD Form 214, a pending issue file claim status with VA, miscellaneous training certificates and orders from his military records, and three letters of recommendation.

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

He enlisted on 28 January 1983 and, after training, was assigned to Germany.

On 28 January 1983, the applicant was administered nonjudicial punishment (NJP) under Article 15, UCMJ, for departing his place of duty without proper authority; failure to report to his appointed place of duty; dereliction in the performance of his duties; and failure to obey a lawful order.

On 10 February 1983, the applicant was administered NJP for two specifications of failure to obey a lawful order.

On 22 February 1983, the applicant’s commander recommended he be discharged for unsatisfactory performance under the provisions of Army Regulation 635-200, chapter 13.  The applicant consulted with counsel and acknowledged that he might expect to encounter substantial prejudice in civilian life if he was issued a general discharge under honorable conditions.  He declined to submit a statement in his own behalf.  The separation authority approved the recommendation and directed the applicant be issued a General Discharge Certificate.

The applicant was discharged on 4 March 1983 at Fort Jackson, South Carolina. He had 10 months and 1 day of creditable active service.

Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13, in effect at the time, provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of soldiers separated under this provision will be characterized as honorable or under honorable conditions.
Chapter 2 of the regulation also provides that those soldiers considered for separation under the foregoing provisions are entitled to a hearing before an administrative separation board only if they will have 6 or more years of total service at the time of separation.

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 applicant's administrative separation was accomplished in compliance with applicable regulations, with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

2.  The Board does not accept the applicant’s contention that he was denied an option to appear before an elimination board.  Based on his length of service at the time of separation (less than 1 year), he was not entitled to a hearing before an administrative separation board.

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 has failed to submit evidence that would satisfy this 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

__slp___  __lem____  __aao___  DENY APPLICATION

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

INDEX

CASE ID	AR1999034174	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19830304	
DISCHARGE AUTHORITY	AR635-200 CH13	
DISCHARGE REASON	A49.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.