| Mr. Carl W. S. Chun | Director | |
| Mrs. Judy Blanchard-Miller | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That his general discharge under honorable conditions be upgraded.
APPLICANT STATES: No contentions submitted.
EVIDENCE OF RECORD: The applicant's military records show:
On 9 July 1996, the applicant enlisted in the Regular Army for 4 years. He completed the required training and was awarded military occupational specialty 63E10 (Tank System Mechanic). The highest grade he achieved was pay grade E-3.
Between January 1997 and September 1998, the applicant was counseled on nine different occasions for missing formation and five different occasions for failure to repair.
Between March and September 1998, the applicant accepted three nonjudicial punishments under Article 15, Uniform Code of Military Justice, for four occasions of failure to repair. His punishments included forfeitures, restrictions, extra duty and a reduction to pay grade E-1.
On 7 October 1998, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct, with a general discharge under honorable conditions. The commander’s recommendation was based on the applicant’s repeated instances of misconduct and action, which indicated that he could not be rehabilitated for productive military service. On 16 October 1998, the applicant acknowledged notification, consulted with legal counsel and waived consideration, personal appearance, and representation before a board of officers. The applicant also acknowledged that he understood the effects of this discharge action.
The applicant’s record indicates that a mental status evaluation and a medical examination were conducted, however they are missing from his files.
On 27 October 1998, the appropriate authority approved the recommendation and directed the issuance of a General Under Honorable Conditions Discharge Certificate. On 23 November 1998, the applicant was discharged in pay grade
E-1 under the provisions of Army Regulations 635-200, chapter 14-12B, for misconduct, with an under honorable conditions discharge (General). He had completed 2 years, 4 months and 15 days of creditable active service.
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 leaves. 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.
2. The evidence of record shows that the applicant’s discharge was appropriate because the quality of service determination at the time of discharge was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.
3. Therefore, the type of discharge directed and the reasons were appropriate considering all the facts of the case.
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
__rvo___ __jpi___ __rks___ DENY APPLICATION
| CASE ID | AR2002067231 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020307 |
| TYPE OF DISCHARGE | (GD) |
| DATE OF DISCHARGE | 19981123 |
| DISCHARGE AUTHORITY | AR635-200,chp14 . . . . . |
| DISCHARGE REASON | A60.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.6000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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