MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          19 September 2002 
	DOCKET NUMBER:  AR2002077413

	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. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. Ronald E. Blakely		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 her general discharge be upgraded to an honorable discharge.

APPLICANT STATES:  No contentions  submitted.  

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

On 26 July 1983, the applicant reenlisted in the Regular Army for 6 years, after serving 2 years, 10 months and 2 days of active service.  The highest pay grade she achieved was grade was E-4.

The applicant was counseled on numerous occasions for writing bad checks, for indebtedness problems, absenteeism due to lack of childcare for her children, severe personal problems and for substandard performance and conduct.  

The applicant’s record indicates that she was provided a financial advisor, she was given an alternate duty assignments and she received extensive counseling both by her chain of command and by community counseling services in an attempt to assist her with her personal and financial problems.  

On 7 December 1984, the applicant was barred from reenlistment.  She was barred from reenlistment because of substandard performance and conduct and for her failure to respond to financial counseling.  

On 14 May 1985, a psychiatric evaluation diagnosed the applicant as having an adjustment disorder with depressed mood.  The psychiatrist recommended an expeditious administrative discharge.

On 20 May 1985, the commander notified the applicant that she was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  The commander’s recommendation was based on the applicant’s unsatisfactory performance and action, which indicated that she could not be rehabilitated for productive military service.  The applicant was advised by legal counsel of the basis for the contemplated separation action and the rights available to her.  She submitted a statement in her own behalf; however, the statement is missing from her file. 

On 28 May 1985, a mental and a physical status evaluation found the applicant qualified for separation.  She was considered mentally and physically competent to participate in board proceedings. 

On 20 June 1985, the appropriate authority approved the recommendation, waived further rehabilitative efforts and directed the issuance of a general discharge.  On 2 July 1985, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, chapter 13, for unsatisfactory performance with a general discharge.  She had completed 4 years, 9 months and 9 days of creditable active service.  The applicant was not transferred to the Individual Ready Reserve.

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. 

On 16 December 1986, the Army Discharge Review Board denied the applicant’s request for an upgrade of her discharge.

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 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.  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

__JHL__  __MDM__  ___REB__  DENY APPLICATION

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

INDEX

CASE ID	AR2002077413	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/19	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1985/07/02	
DISCHARGE AUTHORITY	AR635-200, chp13.  .  .  .  .  	
DISCHARGE REASON	A49.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.144.4900		
2.		
3.		
4.		
5.		
6.