MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:          16 December 1999
DOCKET NUMBER:  AR1999024387

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Mr. Stanley Kelley		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 application to correct her records by upgrading her discharge.

APPLICANT STATES:  In effect, that she was young and immature while in service and that alcohol impaired her ability to serve.  She avers that she needs an upgrade to obtain VA medical care and warrants the relief because she is older.

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 her case on 31 August 1983 (COPY ATTACHED).

The applicant’s submissions are new argument that requires Board consideration. 

The Manual for Courts-Martial states 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.

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 has submitted no evidence that alcohol was a factor in the offences that lead to her requesting discharge in lieu of being court-martialed.  Furthermore, intoxication does not excuse misconduct.  That this standard of conduct is accepted not only by the military but also 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 alcoholic.

2.  The applicant successfully completed basic training and had served for approximately six months prior to the first reported disciplinary incident.  This demonstrates that she had the capacity to serve honorably. 

3. The applicant has failed to show how the simple passage of time is a valid reason for granting relief.

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

__fkm___  ___rvo__  __sk_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024387	
SUFFIX		
RECON		
DATE BOARDED	19991216	
TYPE OF DISCHARGE	UD 	
DATE OF DISCHARGE	19800328	
DISCHARGE AUTHORITY	AR 635-200, cpt 10	
DISCHARGE REASON	A7.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A93.01	
2.	A93.19	
3.		
4.		
5.		
6.