MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 February 2001                  
	DOCKET NUMBER:   AR2000048975

	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. Carl W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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 his earlier appeal to correct his military records by upgrading his discharge to general, under honorable conditions.

APPLICANT STATES:  In effect, that he became a drug addict in the service and only recently started a program of recovery.  He relates that he intends to continue in a program to stay “clean and sober.”  He also reports that he has earned a general educational development (GED) certificate and has a family of three girls to support.  He submits a report of GED test result showing that he passed all four tests.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case (AR1999029073) on 13 January 2000.

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

The applicant’s previous application included letters attesting to his post-service behavior and adjustment that were neither described nor addressed.  It is impossible to conclude that the Board considered these matters.  Therefore, they will be addressed herein.

The previously submitted documentation include:

	  A 22 June 1999 letter stating that for approximately 6½ months the applicant had been in a voluntary residential treatment program for chemical addiction at the San Diego Rescue Mission and that he had been making excellent progress.

	  An undated letter from an individual who has known the applicant for nine months and reports him to be compassionate, helpful and honest.

	  A 14 July 1999 letter from the administrative assistant at the Mission who states that the applicant is helpful, patient, understanding and performs his assigned tasks like a professional.  He conducts himself properly and is a good role model.

	  A fellow resident of the program speaks highly of the applicant as a worker, a supervisor, and a friend.  He relates that the applicant has helped him stay focused on his personal recovery and growth. 

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration.  The staff of the Board is authorized to determine whether or not such evidence had been submitted.

The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case.  In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously or within a short time after the Board’s original decision.  If the staff finds such evidence, the case will be resubmitted to the Board.  If no such evidence is found, the application will be returned without action.

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.  Addiction is not an excuse for misconduct.  Indications of the applicant’s very recent progress in recovery from chemical addiction and the evidence of his limited success in post-service are noted.  However, these factors are not so exceptionally meritorious as to warrant the requested relief.
 
2.  The Board has frequently granted relief to former soldiers whose ability to serve was diminished by alcohol and/or other drugs.  However, it normally does so only in cases where there is well-documented sustained recovery and a record of continuing community service.  Only in such cases may mitigating post- service factors be deemed to outweigh the record of misconduct and/or undistinguished accomplishment that usually typifies the period of military service under review. 

3.  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.

4.  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

__JNS___  __RWA_  ___MHM_    DENY APPLICATION

	Carl W. S. Chun
    Director, Army Board for Correction 
	of Military Records

INDEX

CASE ID	AR2000048975	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19771206	
DISCHARGE AUTHORITY	 AR 635-200, ch 14	
DISCHARGE REASON	A61.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A93.17	
2.		
3.		
4.		
5.		
6.