| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That his General Discharge (GD) be upgraded to an Honorable Discharge (HD).
APPLICANT STATES: His wife put him in debt and led to his discharge. He has divorced his wife.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 8 June 1993. Following all required military training, he was assigned to Fort Knox, Kentucky.
Between March and December 1994, the applicant amassed $1,336.71 in dishonored checks to the Post Exchange, Post Commissary, and various off-post businesses. He was repeatedly counseled concerning his responsibilities to pay his just debts, but he did not respond.
On 21 June 1994, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for disobeying the lawful order of a noncommissioned officer (NCO). As punishment, he was reduced from grade
E-3 to E-2 (suspended) and given 14 days' extra duty. On 13 December 1994, the suspended reduction was vacated and the applicant was reduced to grade
E-2.
On 11 January 1995, the applicant's commander initiated action to separate the applicant for misconduct (pattern of misconduct) under the provisions of chapter 14, Army Regulation (AR) 635-200. The applicant acknowledged his commander's intent and subsequently met with legal counsel who explained the basis for the separation action, its effects, and the applicant's rights. On 24 January 1995, the separation action was forwarded to the approving authority with a recommendation that the applicant be separated with a GD. On 3 February 1995, the approving authority approved the separation and directed the issuance of a GD.
On 24 February 1995, the applicant was separated with a GD. He had 1 year, 8 months, and 17 days of creditable active Federal service and no lost time.
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, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that a discharge under other than honorable conditions is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.
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 short military career was beset by numerous problems involving indebtedness and poor financial management, disobedience, and an absence of discipline. His discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of his discharge is commensurate with his 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
___RVO_ __JPI _ __WPD__ DENY APPLICATION
| CASE ID | AR2001064006 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011129 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 19950224 |
| DISCHARGE AUTHORITY | AR 635-200 C14 |
| DISCHARGE REASON | A60.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | DIRECTOR |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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