| Mr. Carl W. S. Chun | Director | |
| Ms. Carolyn G. Wade | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. John E. Denning | Member | |
| Ms. Paula Mokulis | Member |
APPLICANT REQUESTS: That his general, under honorable conditions discharge be upgraded to honorable.
APPLICANT STATES: In effect, that there is no error or injustice and that he just wants his discharge upgraded to honorable.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army (RA) on 6 October 1994 for a period of 3 years and 26 weeks and for the United States Army Training Enlistment Option, military occupational specialty (MOS) 63B, Light Wheel Vehicle Mechanic – Airborne. Following completion of all military training, the applicant was awarded MOS 63B and was assigned to Fort Bragg, North Carolina.
On 5 February 1997, the applicant accepted a summarized NJP (nonjudicial punishment) under the provisions of Article 15, Uniform Code of Military Justice, for being disrespectful in deportment toward a superior noncommissioned officer. His punishment consisted of 14 days of extra duty.
On 17 March 1997, a serous incident report was filed in reference to the applicant operating an unregistered vehicle and allowing another soldier to drive the vehicle and this soldier having an accident.
On 30 July 1997, another serious incident report was filed in reference to the applicant assaulting a fellow soldier with a deadly weapon and thereafter threatening to kill him.
On 6 June 1997, the unit commander notified the applicant of his intent to initiate a bar to reenlistment and an administrative separation action under the provisions of chapter 14, Army Regulation (AR) 635-200, for misconduct.
On 11 June 1997, the bar to reenlistment was approved and, on 12 June 1997, the applicant elected not to appeal the bar.
On 15 August 1997, the unit commander recommended the applicant be separated with a GD under the provisions of chapter 14, AR 635-200 for a pattern of misconduct.
On 20 August 1997, the appropriate authority approved the applicant’s discharge from the Army with a GD. Accordingly, on 5 September 1997, the applicant was discharged after completing 2 years and 11 months of creditable military service.
On 12 January 2001, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
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 minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.
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. To the contrary, he stated on his DD Form 149, Application for Correction of Military Records, that there was no error or injustice in his records.
2. The applicant’s 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. 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
_jlp_____ __jed ___ ___pm___ DENY APPLICATION
| CASE ID | AR2001051726 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010628 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 19970905 |
| DISCHARGE AUTHORITY | AR 635-200, c14 |
| DISCHARGE REASON | Misconduct |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Director |
| ISSUES 1. | 144.6750 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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