IN THE CASE OF:	

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090012282 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his general discharge be upgraded to honorable.

2.  The applicant states he wants his discharge upgraded so he can get a better job.

3.  The applicant provides no documents to substantiate his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted and entered active duty in the Regular Army on 5 March 2002.

2.  He completed basic training and military occupational specialty training as an artillery turret mechanic and was assigned to an artillery unit at Fort Hood, Texas.

3.  His record contains the following evidence of misconduct:

	a.  nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for failure to go to his appointed place of duty on 17 September 2002 and 2 October 2002 and for being drunk on duty on 15 October 2002;

	b.  counseled for being out of uniform at work on 15 October 2002;

	c.  arrested for driving under the influence of alcohol on 1 November 2002 with associated counseling for missing formation as a result;

	d.  counseled about absences from his appointed place of duty five times on 18 and 19 November 2002; and

	e.  submitted a urine sample on 11 February 2003 that tested positive for marijuana.

4.  The battery commander notified the applicant of initiated elimination with a general discharge due to a pattern of misconduct.

5.  The applicant waived his rights to consult with counsel and to submit statements in his own behalf.

6.  The intermediate commander recommended approval and the separation authority approved the recommendations and directed a general discharge.

7.  On 2 April 2003, the applicant was separated under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12b, with a general discharge under honorable conditions due to a pattern of misconduct.

8.  In May 2009, the Army Discharge Review Board denied the applicant's appeal to upgrade his discharge to honorable.

9.  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 a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline).  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.

10.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  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 clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he wants his discharge upgraded so he can get a better job.

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.

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

4.  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.  There is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________X____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20090012282



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ABCMR Record of Proceedings (cont)                                         AR20090012282



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