MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  30 December 1998                            
	DOCKET NUMBER:   AC98-12199/AR1998010909

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Van B. Cunningham		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 general discharge (GD) be upgraded to an honorable discharge (HD).

APPLICANT STATES:  That a general discharge is too harsh a punishment for driving while intoxicated (DWI).  He adds that he was a good officer who performed his duties in an outstanding manner, and that he has been a productive citizen since discharge.

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

He graduated from the United States Military Academy and was commissioned as a second lieutenant on 1 June 1991.  Following the completion of the required military training, he was assigned to a unit in Germany, with duty as a field artillery officer.

On 8 August 1992, the applicant was operating a privately-owned vehicle (POV) when he left the roadway and struck a road sign and a pile of lumber.  Upon arrival of the Military Police, he was administered a breathalyzer test which indicated that he was intoxicated.  He was charged with DWI, had his driving privileges suspended, and received a general officer letter of reprimand on 23 September 1992.

On 17 December 1992, the applicant was operating a friend’s POV when he left the roadway and struck a road sign.  Upon arrival of the Military Police, he was administered a breathalyzer test which indicated that he was intoxicated.  He was charged with DWI and received a general officer nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice.

On 18 February 1993, an elimination action based on misconduct and conduct unbecoming an officer was initiated against the applicant and he was required to show cause for retention on active duty.  He acknowledged notification, consulted with legal counsel, and voluntarily tendered his resignation under the provisions of Chapter 4, AR 635-120.  The resignation was accepted by Headquarters, Department of the Army and an under other than honorable conditions (UOHC) discharge was directed.  He was separated on 28 June 1993 with a UOHC discharge under the provisions of Chapter 4, AR 635-120, by reason of “MISCONDUCT, MORAL.”  He had 2 years and 28 days of creditable active Federal service and no lost time.  He was directed to repay a prorated portion of his service academy education, valued at $98,838.00.

On 18 June 1996, the applicant appeared before the Army Discharge Review Board (ADRB) requesting that his discharge be upgraded to an honorable discharge.  Based upon the applicant’s overall record, the ADRB upgraded his UOHC discharge to general, under honorable conditions.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 the aforementioned requirement.

2.  While the Board has taken cognizance of the applicant's good post-service conduct, this fact does not warrant relief beyond that which has already been granted by the ADRB.

3.  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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12199/AR1998010909	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981230	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19930628	
DISCHARGE AUTHORITY	AR 635-120/4	
DISCHARGE REASON	Misconduct, moral	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.