MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 March 1999                   
	DOCKET NUMBER:   AC98-11075
   AR1998013791

	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. Loren G. Harrell		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub		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)

APPLICANT REQUESTS:  That his discharge under other than honorable conditions be upgraded to under honorable conditions.

APPLICANT STATES:  That he has raised a family and has completed an alcohol rehabilitation program.  He states he has not had a drink for 6 years and is trouble free of the law.  He states that he once believed that alcohol could ease the death of his father.  He states that consideration should be given to upgrade his discharge due to the lack of a rehabilitation program for alcohol.  To confirm his contentions he submits letters of support.

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

The applicant enlisted in the Army 13 August 1963 and was separated for hardship on 25 October 1963.  He reenlisted on 12 April 1965 for a period of 
3 years.  He was awarded military occupational specialty 63B (Wheel Vehicle Mechanic).  His highest rank attained was private first class (E-3).

The applicant was assigned to Germany.  While assigned to Germany he received nonjudical punishment for failure to go and on 2 occasions for being AWOL.

On 4 December 1965 the applicant was convicted by a summary court-martial for being AWOL and for breaking restrictions.  He was sentenced to reduction to private and confinement at hard labor for 30 days.  He was placed in confinement from 4 December 1965 through 27 December 1965.

On 2 June 1996 the applicant was convicted by a special court-martial for wrongful appropriation of a car valued at $1,000.00 and for failure to go his appointed place of duty.  He was sentenced to confinement at hard labor for 
6 months (suspended) and forfeiture of $60.00 pay per month for 6 months.  The suspension was vacated and the applicant was placed in confinement on 
22 June 1966. 

The applicant was notified by his commander that separation action was being initiated to eliminate him from the Army under the provisions of Army Regulation 635-212, for unfitness.  The commander stated as the basis for the separation action the applicant’s repeated AWOLS, failure to adhere to rules and regulations, and the lack of respect for authority.  He acknowledged the separation action, waived the right to consulting counsel, waived consideration and personal appearance of his case before a board of officers, and did not submit a statement in his own behalf.

The separation action was approved by the appropriate authority and on 
3 October 1966 the applicant was discharged from the Army under conditions other than honorable.  He had served 1 year, 2 months, and 23 days of total active service and had 91 days of lost time due AWOL and confinement under this Army enlistment.

The applicant submitted a request for an upgrade of his discharge to the Army Discharge Review Board, and it was denied on 3 October 1973.

Army Regulation 635-212, in effect at the time, sets forth the basic authority for the separation of enlisted personnel who are found unfit or unsuitable for further military service.  Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.   An undesirable discharge was normally considered appropriate.

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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant contends that he has exhibited good post citizenship since his separation from the Army.  The Board concludes that the applicant’s good post citizenship was not meritorious or exceptional in nature that would compensate for his military misconduct.

4.  His contention that the lack alcohol rehabilitation programs impaired his ability to serve in the Army has been noted by the Board.  However, the Board found no evidence submitted with the application or the evidence in record that applicant’s misconduct was the result of alcohol abuse.

5.  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

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC9811075/1998013767	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990324	
TYPE OF DISCHARGE	 UOTHC	
DATE OF DISCHARGE	1966/10/03	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A92.21	
2.	A94.43	
3.		
4.		
5.		
6.