MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           3 April 2001                  
	DOCKET NUMBER:   AR2000049776

	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. Edmund P. Mercanti		                          Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas F. Baxter		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 be upgraded to fully honorable.

APPLICANT STATES:  His discharge should be upgraded due to the lapse of time from his discharge.  He also states that he has successfully completed a Department of Veterans Affairs (DVA) treatment program, he is still involved with treatment programs, and he is older and smarter than he was when he was in the Army.  

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

He enlisted in the Regular Army on 17 November 1981, was awarded the military occupational specialty of motor transport operator, and was promoted to pay grade E-2.

On 1 November 1982 the applicant was given a urinalysis and tested positive for THC.

He was given periodic sobriety tests on 17 November and 23 December 1982, and 11 January 1983, all of which resulted in positive readings for blood alcohol levels.

The applicant had accepted non-judicial punishment under Article 15, UCMJ, on three occasions for twice disobeying a lawful order, for being disrespectful to a superior noncommissioned officer, for twice being drunk on duty, and for failing to go to his place of duty at the time prescribed.

On 14 December 1982 the clinical director of the community counseling center informed the applicant’s command that both individual and group counseling sessions had been conducted with the applicant, and it was determined that no further rehabilitation efforts were practical.

Accordingly, the applicant’s commander informed him that he was recommending that he be discharged for alcohol rehabilitation failure, and of his rights in conjunction with that recommendation.  The applicant waived his right to submit statements in his own behalf, but requested counsel be appointed for him and that he be given treatment at a DVA hospital after his discharge.

On 22 February 1983 the applicant’s commander forwarded his recommendation to discharge the applicant.  In that recommendation the commander stated that on 16 June 1982 the applicant had been found drunk on duty while a vehicle driver for an ammunition section and had been entered in the Army’s alcohol rehabilitation program.  On 15 November 1982 the applicant was injured while on duty and was determined to have been drunk at the time of the injury.  On 23 December 1982 the applicant caused a disturbance at the unit and was taken for a blood alcohol test, and he was determined to have a blood alcohol level of .075 mg.  On 11 January 1983 the applicant was administered another blood alcohol test because of his exhibition of abnormal behavior.  His blood alcohol level was .122 mg.  Both tests exceeded normal levels and indicated that he was drunk on duty.

The applicant’s commander’s recommendation was approved and the applicant was issued a General Discharge Certificate on 25 February 1983 due to alcohol abuse rehabilitation failure.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  There are no provisions in Army regulations to upgrade a discharge based on the passage of time.

2.  While it is commendable that the applicant has finally embraced treatment for his alcohol problem, that in and of itself does not establish grounds to upgrade his discharge.

3.  The applicant accepted NJP on three occasions and was an alcohol rehabilitation failure.  This record clearly warrants a general discharge and not a fully honorable discharge.

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

____wtm_  ___jtm __  __tfb____  DENY APPLICATION

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

INDEX

CASE ID	AR2000049776	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010403	
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.		
2.		
3.		
4.		
5.		
6.