MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 10 December 1998
DOCKET NUMBER: AC97-11205
AR1998012607
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.
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 changed to honorable and that the reason for his discharge be changed to hardship.
APPLICANT STATES: He was informed by an NCO that after two years his discharge would automatically be upgraded. He feels that he was lied to, and wants his discharge upgraded.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army Reserve on 10 April 1985 and completed training in August of 1986. On 8 March 1988 he enlisted in the Regular Army for four years. In June of 1988 he was assigned to an air defense artillery unit in Germany. He was promoted to E-3 on 9 November 1988, and reduced to pay grade E-2 on 16 August 1989.
In a 3 November 1988 mental health evaluation, the examining psychiatrist stated that the applicant had an adjustment disorder with depressed mood and a personality disorder not otherwise specified with antisocial and schizoid traits. The applicant was not a danger to himself or others, his condition was improved, and his prognosis fair. He did not have a condition requiring medical board evaluation and was qualified for world wide assignment.
The applicants records contain numerous counseling statements, for AWOL, for failure to return to duty, for failure to clean up his room, for indebtedness, for attempted suicide, and for personal hygiene and general appearance.
A 15 December 1988 report of investigation indicates that the applicant attempted suicide on three occasions on 23 October 1988, twice by jumping from an overpass, and once by stabbing himself in the chest. He was taken to the Wiesbaden (Germany) Medical Center and admitted to the mental health clinic.
A 1 November 1989 report of medical examination indicates that the applicant was medically qualified for separation with a physical profile of 1 1 1 1 1 1. In the report of medical history he furnished for the examination, the applicant stated that he was in good health and not taking any medication at that time.
On 17 November 1989 the applicants commanding officer notified the applicant that he was recommending that the applicant be separated from the Army for unsatisfactory performance. The applicant consulted with counsel, stated that he understood the basis for the contemplated action, its effects, and the rights available to him. He declined to submit a statement in his own behalf.
On 20 November 1989 the applicants commanding officer recommended that the applicant be separated from the Army with a general discharge because of unsatisfactory performance. That official stated that the applicant had received numerous counseling statements regarding his duties and conduct; however, continued to perform at a substandard level. l
On 20 November 1989 the separation authority approved the recommendation and directed that the applicant receive a general discharge. The applicant was released from active duty on 25 January 1990 for unsatisfactory performance. He had1 year, 10 months, and 18 days of service.
On 13 February 1995 the Army Discharge Review Board, in an unanimous opinion, denied the applicants request to upgrade his discharge.
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. The service of soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military record.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. 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. The character of the discharge is commensurate with his overall record.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
3. 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 the aforementioned requirement.
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____ ___jma__ ___sk___ DENY APPLICATION
Loren G. Harrell
Director
INDEX
CASE ID
AC
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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