MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 August 2000
	DOCKET NUMBER:   AR1999034725

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		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 an honorable discharge.

APPLICANT STATES:  That many of the things he was charged with were things he was reporting to avoid trouble and fights.  He states that if he had not reported the problems there would have been no charges.

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

On 30 June 1981, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a tactical communications systems operations mechanic.

The applicant was counseled on seven different occasions between 16 February 1983 and 18 May 1983 for being disrespectful toward a noncommissioned officer (NCO) and failure to comply with an order, uncleanliness of his room, missing formation, wearing an improper uniform, lack of motivation, lack of initiative and failure to organize his own personal gear.  He was also told to take pride in himself and to improve his personal appearance.

Nonjudicial punishment (NJP) was imposed against the applicant on 15 March 1983 for failure to obey a lawful order.  His punishment consisted of a reduction in pay grade, restriction and extra duty.

On 1 April 1983, NJP was imposed against him for failure to obey a lawful order and for being disrespectful in language to his superior NCO.  His punishment consisted of a reduction in pay grade, restriction and extra duty.

The applicant had NJP imposed against him again on 20 May 1983 for failure to obey a lawful order.  His punishment consisted of a reduction in pay grade, restriction and extra duty.

On 25 July 1983, the applicant was notified that action to eliminate him from the Army under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory performance had been initiated.  On the same date, after consulting with counsel, he acknowledged receipt of the notification.

The appropriate authority approved the recommendation for discharge on 13 August 1983.  Accordingly, on 26 August 1983, the applicant was discharged under honorable conditions, under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory performance.  He had completed 2 years, 1 month and 27 days of total active service and he was furnished a General Discharge Certificate.

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 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. 

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.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are unsubstantiated by the evidence of record.  The record clearly shows that he was repeatedly counseled for being unclean, disrespectful and for his poor performance.  He had NJP imposed against him three times during his 2-year enlistment.  He was appropriately furnished a General Discharge Certificate because his service was not totally honorable.

4.  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.

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

___esc__  __js  ____  __cmf___  DENY APPLICATION

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

INDEX

CASE ID	AR1999034725	
SUFFIX		
RECON		
DATE BOARDED	2000/08/03	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1983/08/26	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	572	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  571	144.4800	
2.  671	144.6710	
3.		
4.		
5.		
6.