MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           23 October 2001
	DOCKET NUMBER:   AR2001058923

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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 (GD) be upgraded to an honorable discharge (HD).

APPLICANT STATES:  He is in civil confinement and was told to request a discharge upgrade by the State Parole Board.

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

He enlisted in the Regular Army for 3 years on 27 January 1978.  While assigned to Fort Benning, Georgia, he was AWOL (absent without leave) from 8-21 August 1978.  He accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on 25 August 1978 and was punished by reduction to private, forfeiture of $90, and 14 days of restriction and extra duty.

The applicant was AWOL again from 11-18 September 1978.  Court-martial charges were preferred against him.  He was tried and convicted by a special court-martial on 11 October 1978.  Sentenced to 15 days' confinement, he was transferred to the United States Army Retraining Brigade (USARB), Fort Riley, Kansas.  After serving his sentence to confinement, he remained at the USARB in a non-confinement status.

At the USARB, the applicant received several NJPs and numerous disciplinary reports.  On 5 December 1978, his commander recommended that he be separated under the provisions of chapter 13, Army Regulation 635-200, for unsuitability.  On 7 December 1978, the applicant consulted with legal counsel who explained the discharge process and the rights available to him.  He waived his rights and elected not to provide a statement in his own behalf.  Further rehabilitative efforts were waived and, on 13 December 1978, the approving authority approved the applicant's separation with a GD.

The applicant was separated with a GD on 14 December 1978.  He had a total of 8 months, 23 days of creditable service and 55 days of lost time due to AWOL and confinement.

Army Regulation 635-200 sets forth the policy and prescribes the procedures for administrative separation of enlisted personnel.  Chapter 13, in effect at the time, provided for the separation of individuals whose record evidenced apathy (lack of appropriate interest), defective attitude, and an inability to expend effort constructively.  When separation for unsuitability was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individual’s entire record.

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 this requirement.

2.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

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

__slp ___  __alr  ___  ___teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058923	
SUFFIX		
RECON		
DATE BOARDED	20011023	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19781214	
DISCHARGE AUTHORITY	AR 635-200 C13	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.