| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. James E. Anderholm | Member | |
| Ms. Charmane Collins | Member |
APPLICANT REQUESTS: In effect, that his records be corrected to show that he was discharged under more favorable circumstances.
APPLICANT STATES: That he was involuntary separated. In support of his request, he provides a copy of his changed DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of page 5 of an Army Discharge Review Board (ADRB) case, two letters of support, Permanent Order 008-002, 22d Personnel Services Battalion, dated 8 January 2001 awarding the Good Conduct Medal for the period 3 February 1998 to 2 February 2001, a DA Form 1059 (Service School Academic Evaluation Report) showing satisfactory completion of the Primary Leadership Development Course (PLDC), during the period 1 through 30 April 1999, a Diploma for PLDC, a memorandum for the Commander, Regional Correction Facility appointing the applicant as assistant command escort for an individual on temporary release, and a letter from the Commander, Madigan Army Medical Center, Fort Lewis, Washington to the Commander, 23 Infantry Battalion, 1st Rifle Company, Fort Lewis showing hospitalization from 15 to 20 February 2001.
EVIDENCE OF RECORD: The applicant's available military records show:
During the period 5 August 1988 through 15 August 1991, when he received a General Discharge, he was a member of the Army National Guard.
During the period 16 August 1991 through 2 February 1998, he was a member of the Army Reserve.
On 3 February 1998, the applicant enlisted in the Regular Army.
On 2 March 2000, he reenlisted in the Army.
On 20 March 2001, he received nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave on 15 February 2001.
The facts and circumstances surrounding the applicant’s discharge are not contained in the available records. However his DD Form 214 shows that he was discharged under the provisions of Army Regulation 635-200, chapter 14, for misconduct.
On 21 May 2001, the applicant was discharged from active duty under Army Regulation 635-200, chapter 14, misconduct. His separation document indicates he had a total of 3 years, 3 months and 19 days of creditable service and one day of lost time and a total of 4 years, 4 months and 14 days of active service.
On 8 February 2002, the ADRB found that his discharge was proper and equitable; however, it was determined that the characterization was not equitable and changed the characterization to honorable.
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 an under other than honorable conditions discharge 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. The evidence of record shows the applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.
2. The type of discharge directed, and to which upgraded and the reasons therefore were appropriate considering all the facts of the case. The reason for his discharge was proper, authorizing an honorable discharge, and he has not shown error or injustice concerning the reason for the discharge.
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 this 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
_JEA____ __CC___ _FNE___ DENY APPLICATION
| CASE ID | AR2002073680 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021203 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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