MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 March 2002                   
	DOCKET NUMBER:   AR2001062936

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Gail J. Wire		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 under honorable conditions discharge be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that while assigned to the 82nd Airborne, racist elements within the 82nd attempted to murder him.  The attempt on his life was because he refused to accept the behavior unbecoming a soldier.  

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

On 6 October 1976, the applicant enlisted in the Regular Army for 4 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B10 (Infantryman).  The highest pay grade he achieved was pay grade E-2.

On 30 June 1977, while assigned to Company C, 1st Battalion (Airborne) 508th Infantry, 82nd Airborne Division, Fort Bragg, North Carolina, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave (AWOL) from 22 to 26 June 
1977.  His imposed punishment was a forfeiture of $87.00 pay and reduction to pay grade E-1.

On 13 October 1977, the applicant accepted NJP for being AWOL from 
6 September to 5 October 1977.  His imposed punishment was a forfeiture of 
$198.00 pay per month for 2 months (suspended until 12 February 1978), a reduction to pay grade E-1 and 30 days in correctional custody (suspended until 
12 February 1978).

On 30 December 1977, the applicant was counseled for dereliction of duty, for failure to repair and for poor military bearing.

On 14 February 1978, the applicant accepted NJP for wrongfully having in his possession 27 grams, more of less of marijuana.  His imposed punishment was a forfeiture of $92.00 pay and 14 days extra duty.

On 21 February 1978, the applicant was counseled for failure to repair.

On 5 April 1978, the commander notified the applicant that he was being recommended for discharge under the provision of Army Regulation 635-200, chapter 14, for misconduct.  The commander’s decision was based on the applicant’s involvement with frequent incidents of a discreditable nature with military and civilian authorities.  The applicant was advised by legal counsel of the basis for the contemplated separation action and the rights available to him.  He requested personal appearance, consideration, and representation by counsel before a board of officers.  He was afforded the opportunity to submit statements in his behalf, but declined to do so.
A mental and physical evaluation found the applicant qualified for separation.

On 4 May 1978, the board of officers convened.  The board recommended that the applicant be discharged for misconduct.

On 12 May 1978, the appropriate authority approved the board’s recommendation for discharge and directed the issuance of a General Discharge Certificate.  On 23 May 1978, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 35-600, chapter 14, for misconduct with a general discharge.  He had completed 1 year, 6 months and15 days of creditable active service and had 33 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 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.

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 evidence of record shows that the applicant’s discharge was based on his misconduct.  The evidence of record does not support the applicant’s allegation of racism nor has he furnished any evidence to support his allegation.

3.  Therefore the type of discharge directed and the reasons were appropriate considering all the facts of the case.

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

__inw___  __rjw___  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062936	
SUFFIX		
RECON		
DATE BOARDED	20020312	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19780523	
DISCHARGE AUTHORITY	AR635-200, Chapter 14	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.6000	
2.		
3.		
4.		
5.		
6.