MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 12 June 2003
         DOCKET NUMBER: AR2002081254

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Ms. Eloise C. Prendergast		Member
Mr. John P. Infante		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That his general discharge be upgraded to honorable.

APPLICANT STATES: He makes no additional comments.

EVIDENCE OF RECORD: The applicant's military records show:

On 17 February 1977, the applicant enlisted in the Regular Army with parental consent for 3 years.

On 5 March 1977, while assigned to Company B, 17th Battalion, 4th Training Brigade, Fort Knox, Kentucky, for basic combat training the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for assault. His imposed punishment was a forfeiture of $65.00 pay for 1 month and 12 days restriction and extra duty.

On 22 June 1977, the applicant accepted NJP for wrongfully and without proper authority damaging a water fountain, which was the property of the United States. His imposed punishment was a forfeiture of $80.00 pay for 1 month.

On 25 April 1978, while assigned to a unit located in Germany, the applicant accepted NJP for failure to obey a lawful regulation: (1) failed to have a valid U.S. Army Europe Driver's License in his possession; (2) operated a motor vehicle without proper liability insurance; and (3) operated a motor vehicle which was not registered with competent authority. His imposed punishment was a reduction to pay grade E-2 (reduction suspended for 60 days).

Between 16 August 1978 and 11 October 1978, the applicant was counseled on five separate occasions for showing up late for company formation, for poor military appearance on two separate occasions, reporting for duty late, and about the safety of an M16A1 and the discharging of blanks directly at personnel.

On 18 October 1978, the applicant accepted NJP for wrongfully appropriating a
1½ ton truck, property of the United States Government. His imposed punishment was a forfeiture of $50.00 pay per month for 2 months (suspended for 60 days), reduction to pay grade E-3 (suspended for 60 days), and 30 days extra duty.

Between 28 October 1978 and 11 November 1978, the applicant was counseled on two separate occasions for missing physical training and for reporting to work unshaven.

On 8 November 1978, the battalion chaplain recommended that the applicant be discharged from the service for his own good and for the good of the service.

On 16 November 1978, the applicant accepted NJP for failure to go to his prescribed appointed place of duty, to wit: extra duty and for wrongfully engaging
in a fistfight in public. His imposed punishment was a reduction to pay grade
E-1 and a forfeiture of $100.00 pay.

On 27 November 1978, the commander initiated separation action on the applicant under the provisions of Army Regulation 635-200, chapter 5, Expeditious Discharge Program. The commander cited the applicant's NJPs and his numerous counseling sessions. The commander also cited that the applicant had shown an inability to accept instructions or directions and a lack of cooperation with his peers and superiors.

The applicant acknowledged notification of the action and voluntarily consented to the discharge. He submitted no statements in his own behalf.

On 30 November 1978, the appropriate authority approved the recommendation and directed that the applicant be given a general discharge under honorable conditions.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The pertinent paragraph at the time provided that members who had completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who has demonstrated that they could or would not meet acceptable standards required of enlisted personnel because of poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential may be discharge. It provided for the expeditious elimination of substandard, nonproductive soldiers before board or punitive action becomes necessary. No member would be discharged under this program unless he/she voluntarily consented to the proposed discharge.

Army Regulation 635-200, paragraph 3-7, provided that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.
The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.

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 applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
2. The Board noted that the applicant voluntarily consented to his discharge. Had he not consented to his discharge and continued to demonstrate that he could not and would not meet acceptable standards required of all enlisted personnel in the U.S. Army, his conduct could have led to separation under other provisions of laws and regulations.

3. The Board also noted that the applicant showed an inability to accept instructions or directions and a lack of cooperation with his peers and superiors. In addition, his poor attitude and lack of motivation and self-discipline showed further efforts towards rehabilitation were considered useless.

4. The applicant's behavior clearly demonstrated that he had no desire to utilize the constructive counseling that was provided to him by his immediate supervisors. His numerous counseling statements he was given bear this out.

5. Based on the applicant's record of indiscipline, the Board determined that his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel. Therefore, the applicant did not meet the criteria for an honorable discharge.

6. 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.

7. 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

__ro____ __ep____ __ji____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002081254
SUFFIX
RECON
DATE BOARDED	20030612
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	144.0000
2.
3.
4.
5.
6.