| Mr. Loren G. Harrell | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Raymond V. O’Connor Jr. | Member | |
| Mr. James M. Alward | Member |
APPLICANT REQUESTS: In effect, that his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that his discharge was the result of one infraction.
EVIDENCE OF RECORD: The applicant's military records show:
On 27 January 1983 the applicant entered the Regular Army for 4 years at the age of 22. He successfully completed One Station Unit Training (OSUT) at Fort Bliss, Texas, was awarded military occupational specialty (MOS) 16E (Hawk Fire Control Mechanic), and remained at Fort Bliss for his first permanent duty station.
The highest grade the applicant held on active duty was specialist/E-4 which he attained on 1 August 1986. The applicant’s record contains no documented acts of valor, achievement, or service warranting special recognition. However, it does include a history of disciplinary infractions including acceptance of nonjudicial punishment (NJP), under the provisions of Article 15 of the UCMJ, on three separate occasions.
On 21 November 1984 the applicant accepted an NJP for wrongfully using marijuana, His punishment for this offense included reduction to the rank of private/E-1, forfeiture of $150.00 per month for 2 months, and 30 days of extra duty.
On 13 May 1986 the applicant accepted another NJP for failure to go to his appointed place of duty for which he was orally reprimanded.
On 4 November 1986 a bar to reenlistment was imposed on the applicant citing the applicant’s record of NJP and history of non payment of just debts as the reasons for taking the action.
On 5 November 1986 the applicant accepted his third NJP for disobeying the lawful order of a superior commissioned officer. The resultant punishment included a reduction to private first class/E-3 (suspended); forfeiture of $198.00 (suspended); and 14 days of restriction and extra duty. On 17 November 1986
the suspended portions of the punishment imposed pertaining to reduction and forfeiture were vacated based on the applicant breaking restriction. Therefore, the applicant was reduced to the rank of private first class/E-3.
Between 23 January and 17 November 1986 the applicant was formally counseled for a myriad of disciplinary infractions which included: multiple incidents of indebtedness; being absent from his place of duty; larceny; discreditable incidents contained in MP blotter reports; substandard duty performance, misbehavior; and disobedience.
On 18 November 1986 the applicant’s unit commander initiated separation action on the applicant, under the provisions of Chapter 13, AR 635-200 for unsatisfactory performance. The unit commander cited, as the specific reasons for his action, the applicant’s numerous absences from duty, extensive indebtedness, and frequent involvement with the military police as the basis for his action. The applicant consulted counsel, and after being advised of the basis for the contemplated separation action, completed his election of rights and elected not to submit a statement in his own behalf.
On 21 November 1986 the appropriate authority approved the separation action and directed the applicant receive a GD. Accordingly, on 5 December 1986 the applicant was discharged after completing 3 years, 10 months, and 12 days of active military service.
On 9 June 1997 the Army Discharge Review Board denied the applicant's request for an upgrade to his discharge and found that the discharge process was proper in all respects.
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 productive soldier.
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. The Board concurs with the findings and conclusions of the ADRB and presumes that the applicant's administrative separation was accomplished in compliance with applicable regulations. There is no indication of procedural errors by the ADRB which would tend to have substantially jeopardized the applicant's rights.
2. The Board noted the applicant’s contention that his discharge was based on one infraction. However, the evidence of record shows that several examples of misconduct and poor duty performance were documented by the unit commander in supporting his recommendation for the applicant’s separation.
3. The discharge proceedings were conducted in accordance with law and regulation applicable at the time. The reason for and the character of the discharge are commensurate with the applicant's overall record of military service.
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 the aforementioned requirement.
5. 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
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
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