MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 October 2002
	DOCKET NUMBER:   AR2002078194

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, 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 discharge under other than honorable conditions (UOTHC) be upgraded.

APPLICANT STATES:  That upon joining the Army it was found that he was mentally and psychologically impaired.  Immaturity was also a factor in that reasonable judgment was lost.  The stress of military responsibilities, a new marriage, a pregnant wife, inadequate finances, and no assistance or support added to his stress.  To further complicate the situation, he began having seizures where he would have recurring blackouts.  He experienced extreme depression when his wife left.  He needed money to return to his pregnant wife so he forged two money orders from a convenience store.  He now knows what he did was wrong.  He has been receiving psychiatric therapy to help him have insight and to use proper judgment in addressing his problems.  He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.

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

He was born on 30 April 1960.  He completed two years of high school.  He enlisted in the Regular Army on 3 January 1979 after receiving a waiver (nonsupport of child and an arrest for assault).  He completed basic training and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).  He was assigned to Fort Riley, KS on or about 19 April 1979.

On 7 August 1979, the applicant departed absent without leave (AWOL).  On    15 November 1979, he was arrested by civil authorities in Florida on an outstanding warrant from Kansas for two counts of forgery.  He was transferred to the Riley County jail in Manhattan, KS.  He was convicted of two counts of forgery and on 11 April 1980 was sentenced to confinement for not less than 1 year and not more than 10 years on each count, sentences to run concurrently.  

On 11 June 1980, separation action under the provisions of Army Regulation 635-200, chapter 14, civil conviction, was initiated.  On 15 June 1980, the applicant was notified of the proposed separation action.  He waived consideration of his case by a board of officers and waived representation by an attorney.  He submitted a statement in his own behalf but it is not available.  He indicated he did not intend to appeal his civil conviction.  On 9 September 1980, the appropriate authority approved the recommendation and directed the applicant be furnished a UOTHC discharge certificate.  

On 19 September 1980, the applicant was discharged, in pay grade E-1, with a discharge UOTHC, under the provisions of Army Regulation 635-200, chapter 14, misconduct – conviction by civil court.  He had completed 7 months and 4 days of creditable service and had 410 days of lost time.
The applicant's service medical records are not available.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel for misconduct.  That regulation provides, in pertinent part, for the elimination of enlisted personnel for misconduct when they are initially convicted by civil authorities, or action taken against them which is tantamount to a finding of guilty, if a punitive discharge would be authorized for the same or a closely related offense under the Manual for Courts-Martial, 1984, as amended, or the sentence by civil authorities includes confinement of 6 months or more, without regard to suspension or probation.  

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 indication of procedural errors which would tend to jeopardize his rights.  There is no evidence of record and the applicant provides none to show he was mentally and psychologically impaired or that such impairment resulted in the misconduct for which he was convicted by civil authorities.

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

_ _FNE  _  __SLP__  ___EJA__  DENY APPLICATION

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

INDEX

CASE ID	AR2002078194	
SUFFIX		
RECON		
DATE BOARDED	2002/10/22	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1980/09/19	
DISCHARGE AUTHORITY	AR 635-200, ch 14	
DISCHARGE REASON	A61.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.