MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 March 2002                  
	DOCKET NUMBER:   AR2001062882

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. John T. Meixell		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 general discharge, under honorable conditions, be upgraded to honorable.

APPLICANT STATES:  The applicant does not provide comment in his request to this Board; however, he also submits an Application for the Review of Discharge or Dismissal from the Armed Forces (DD Form 293) dated 30 April 1996, a Request Pertaining to Military Records (Standard Form 180) dated 30 April 1996, a Veteran’s Application for Compensation or Pension, and a letter from the Army Discharge Review Board (ADRB) dated 25 October 1996, in support of his request.

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

He reenlisted in the Regular Army, as a specialist, pay grade E-4 on 30 November 1978 with prior active service.

On 29 October 1979, he received a Letter of Reprimand for possession of marijuana.

On 14 March 1980, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for intent to defraud, wrongfully and unlawfully making certain checks for payment, then knowing that the maker thereof, did not or would have sufficient funds.  His punishment included reduction to pay grade E-3 and extra duty.

On 4 April 1980, he was punished under Article 15, UCMJ, for failure to go to his appointed place of duty.  His punishment included reduction to pay grade E-2 and extra duty.

On 4 August 1980, he was punished under Article 15, UCMJ, for wrongful possession of a controlled substance, amphetamines.  His punishment included reduction to pay grade E-1.

On 4 August 1980, his command initiated action to separate him from the service for misconduct.  In the elimination action, the commander remarked that the applicant had established a pattern showing dishonorable failure to pay just debts.  Counseling and non-judicial punishment had not corrected his actions.  He also states that the applicant had been given the chance to make a settlement for repayment of personal indebtedness only to later break the agreement.  The commander further stated that the applicant was currently under investigation for wrongful possession and sale of a controlled substance (amphetamines).

On the same day, after consulting with legal counsel, the applicant waived his rights to have his case heard by a board of officers.  He elected not to submit a statement in his own behalf and acknowledged he understood the possible effect of a general discharge, under honorable conditions.

On 8 August 1980, the appropriate authority approved the recommendation for discharge, and directed that a general discharge be furnished.

He was separated on 18 August 1980, under the provisions of Army Regulation 635-200, paragraph 14-33b(3), Misconduct – an established pattern of showing dishonorable failure to pay just debts.  He was credited with 1 year, 8 months and 19 days net active service for this period and 2 years, 6 months and 2 days total prior active service.

The applicant applied to the ADRB on 28 March 1986 and his appeal was denied on 9 January 1987.

The DD Form 293, dated 30 April 1996 submitted with his current request was not within the ADRB’s 15-year statute of limitations.

Army Regulation 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  Paragraph 14-33b(3) of the regulation deals with separation for patterns of misconduct, an established pattern showing dishonorable failure to pay just debts, and provides that individuals may be separated prior to their normal expiration of term of service.  The issuance of a discharge under other than honorable conditions is normally considered appropriate, however, the discharge authority may direct an honorable or general discharge, if such are merited by the member’s overall record.

Paragraph 3-7 of this regulation provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.

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 view of the circumstances in this case, the applicant is not entitled to an upgrade of his discharge to honorable.  He has not shown error, injustice, or inequity for the relief he now requests.  

2.  The Board notes that the applicant’s overall record of service shows he received one Article 15 for failure to pay his just debts, one Article 15 for wrongful possession of a controlled substance, a Letter of Reprimand for possession of marijuana and counseling for failing to pay debts, which made him eligible for separation due to misconduct.  His rights were not violated and he received due process.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

4.  The Board notes that the applicant may contact or visit his nearest Veterans Administration office to determine what assistance he maybe eligible to receive.

5.  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.

6.  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

_jns____  _lds____  __jtm____    DENY APPLICATION

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

INDEX

CASE ID	AR2001062882	
SUFFIX		
RECON		
DATE BOARDED	20020321	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.00	
2.		
3.		
4.		
5.		
6.