MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 March 2002
	DOCKET NUMBER:   AR2001063153

	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. Jessie B. Strickland		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:  That his general discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that there was no reason to administratively discharge him from the Army or to give him a general discharge.  He goes on to state that he was discharged for misconduct because he was arrested for disorderly conduct during a fight with his wife.  However, no charges were filed or action taken by the police.  He further states that he accepted the discharge thinking that he would receive all of his benefits; however, he is currently using his G.I. Bill education benefits and has found that he receives a lesser amount than he would if he had an honorable discharge. 

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

He enlisted on 28 August 1991 for a period of 2 years.  He successfully completed his training and was transferred to Fort Hood, Texas for duty as a chemical operations specialist.  He was advanced to the pay grade of E-3 on 28 February 1993 and reenlisted on 8 November 1993 for a period of 2 years.

On 6 July 1994, the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-200, chapter 14, for misconduct.  He cited as the basis for his recommendation that the applicant had disobeyed a lawful order from a noncommissioned officer, that he had repeatedly failed to pay his just debts and had been arrested for aggravated assault.  He also indicated that nonjudicial punishment had been imposed against him for being drunk and disorderly.  After consulting with counsel, the applicant elected not to submit a statement in his own behalf.

On 12 July 1994, the appropriate authority approved the recommendation for discharge and directed that he be furnished a General Discharge Certificate.

Accordingly, he was discharged under honorable conditions on 1 August 1994, under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct.  He had served 2 years, 11 months and 4 days of total active service. 

He applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge and contended at that time that his discharge was racially based and that there was insufficient basis to discharge him.  The ADRB determined that his discharge and the reasons therefore were proper and unanimously denied his request on 15 November 1996.

He again applied to the ADRB on 3 May 2001 and requested a personal appearance before the ADRB Travel Panel.  He was granted a personal appearance before the ADRB Travel Panel in New York on 17 July 2001 and failed to appear.  The ADRB closed his case without further action and advised him to apply to this Board. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and procedures for separating personnel for misconduct.  Specific categories include minor infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion or absence without leave.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

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

3.  The applicant has failed to convince the Board through the evidence submitted with his application or the evidence of record that his discharge was unjust and should be upgraded. 

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	AR2001063153	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/12	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1994/08/01	
DISCHARGE AUTHORITY	AR635-200, ch14	
DISCHARGE REASON	Misconduct	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  626	144.6000/A60.00	
2.		
3.		
4.		
5.		
6.