MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            31 March 1999                  
	DOCKET NUMBER:   AC98-12826
				   AR1998014296

	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	
	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Walter T. Morrison		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 
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his records be corrected to show he was medically discharged.

APPLICANT STATES:  That he was injured while on active duty, that he has been diagnosed with PTSD.  

COUNSEL CONTENDS:  Counsel makes no contentions.

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

On 30 July 1976, he reenlisted in the Regular Army for a period of 6 years.

On 27 March 1979, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniformed Code of Military Justice (UCMJ), for failing to report to his appointed place of duty.  His punishment was a forfeiture. 

On 3 May 1979, he accepted NJP under the provisions of Article 15, UCMJ, for being derelict in the performance of his duties.  His punishment was reduction to pay grade E-4, and a forfeiture.

The applicant entered an Alcohol and Drug Counseling Program on two occasions, first on 8 November 1979 and again on 21 November 1980.  Both times he completed the Resident Treatment Program but was unable to refrain from drinking.  His problem was diagnosed as Habitual Excessive Drinking.  

On 13 October 1981, as a result of the applicant haven been in the program twice, and his lack of participation, the Clinical Director recommended that his unit commander take what ever administrative action he deemed necessary.

On 16 October 1981, his commander recommended that he be discharged under the provisions of Army Regulation 635-200, chapter 9, as an alcohol rehabilitative failure.

On 13 November 1981, the applicant acknowledged that he understood the separation action pending against him, and waived his rights to legal counsel.

On 24 November 1981, the appropriate separation authority approved the applicant’s discharge and directed the issuance of an honorable discharge certificate.

On 18 December 1981, the applicant was discharged under the provisions of the above cited regulation.  His Report of Separation indicates he had 5 years,          8 months and 10 days of creditable service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse.  A member who has been referred to Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.

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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  There is no indication in the available records to substantiate the applicant’s claim that he was injured while on active duty, or that he has been diagnosed wih PTSD.

4.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant’s overall record of military service.

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

___cwb__  ___jhk__  ____wtm_  DENY APPLICATION

						Loren G. Harrell
						Director
INDEX

CASE ID	AC98-12826/AR1998014296	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990331	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1. 110.00		
2.		
3.		
4.		
5.		
6.