MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            17 March 1999                  
	DOCKET NUMBER:   AR1999015723

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. James P. Steuve		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:  Reconsideration of her spouse’s 1994 request to have his discharge upgraded to honorable.

APPLICANT STATES:  In effect, that her spouse; now a deceased former servicemember, went AWOL to be with her during a family crisis.  When he turned himself in they gave him a choice of getting out of the Army or going to jail.  She notes that her spouse had a drinking problem while in the military but subsequently found God, quit drinking, and was a good citizen and family man.  She states that he received an honorable discharge for his first two years of service.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board’s original consideration of his case on 21 September 1994 (COPY ATTACHED).

The former servicemember indicated in his original application that he had entered the Army with a drinking problem and that he began drinking heavily after his reenlistment.  He noted that the Army “made it really easy to drink and party.”

In May 1970, while serving as a mechanic in Germany, the former servicemember’s commander imposed a local bar to reenlistment against the servicemember.  The commander noted the former servicemember had been punished on several occasions and had been given numerous opportunities to correct his behavior.  He indicated the former servicemember had a drinking problem which “has caused most of his problems and punishments.”

The applicant submitted several letters from family members and friends attesting to the former servicemember’s character and indicating that he had quit drinking shortly after his separation from the military.

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 former servicemember admitted in his original application to the Board that he had entered the Army with a drinking problem.  His records indicate that both he and his chain of commander were aware of his problem and yet when given the opportunity to be rehabilitated the former servicemember chose not to accept his chain of commands help.  His successful service record during his initial period of military service and his attainment of pay grade E-4 demonstrated his ability for honorable service.

2.  Although his post-service accomplishment are noted and significant they do not outweigh the seriousness of the offenses, which led to his separation and do not provide an adequate basis upon which the Board would grant relief.  These factors do, however, demonstrate his capacity for proper behavior.

3.  The Board also notes that the Manual for Courts-Martial, as then in effect, and the edition currently effective, both state that voluntary intoxication not amounting to legal insanity, whether caused by alcohol or drugs, is not an excuse for an offense committed while in that condition.  That this standard of conduct is accepted not only by the military but by society as a whole is demonstrated by the fact that drunk drivers are held legally responsible for the results of their behavior even though they are shown to be an alcoholic.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__tsk____  ___owt__  ___jps__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015723	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990317	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1. 110.00		
2.		
3.		
4.		
5.		
6.