MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 October 2001
	DOCKET NUMBER:    AR2001057169

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O'Shaughnessy		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 undesirable discharge be upgraded to a medical or general discharge.

APPLICANT STATES:  In effect, that he abused alcohol prior to enlisting and throughout his time in the Army.  It was his immaturity and alcoholism that were the basis for the misbehavior that led to an undesirable discharge.  He believes that if one of his superiors had recognized that he was an alcoholic, and had placed him in a treatment program his whole life would have changed.

He had received two driving while intoxicated (DWI) convictions, by the age of 17.  Just prior to enlisting he and some friends had gotten drunk and then arrested resulting in him having to choose between going to jail or enlisting into the Army.  His father refused to sign, but his mother consented to his enlistment at the age of 17.  He enlisted for training as a mechanic.  After he had completed basic training he was shocked when orders arrived sending him onto medical specialist advanced individual training (AIT).  He went onto medical specialist training, but now had a chip on his shoulder because he believed the Army had lied to him.  During AIT, he spent all of his income and borrowed money for alcohol.  He could not afford to wash his uniforms, so he would shower and put the same smelly uniforms on.  This resulted in negative comments about his body order – he was humiliated.  The last event was preceded by heavy drinking and someone giving him two tranquilizers.  He does not recall how he traveled from Fort Sam Houston, Texas only to awaken in a hotel room in Billings, Montana.  He realized he was absent without leave (AWOL), but he thought about how he had been forced into enlisting, how the Army had broken its word about the mechanic training, and how he had been mistreated.  Even though he was now 18 years old, he was still a rebellious kid and made the decision to not return to the Army, but keep going.  He is not proud of that decision.  It has been 28 years and he is still ashamed of his behavior and the undesirable discharge.  He is not interested in benefits, but humbly asked that his discharge be upgraded.  

In support of his request, he submitted a copy of a letter, dated 2 November 1971, from a recruiting station.  The letter advised the applicant that his request to attend the Precise Power Generator course had been approved.

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

He enlisted in the Regular Army on 29 February 1972, at the age of 17, departed AWOL on 2 June 1972, and was dropped from the rolls as a deserter on 30 June 1972.  He returned to military control on 16 October 1972, and was placed in pre-trial confinement until his discharge on 16 November 1972.

A DD Form 373, Consent, Declaration of Parent or Legal Guardian reflects signatures from both the applicant’s mother and father consenting to his enlistment.

A DD Form 4, Enlistment Contract – Armed Forces of the US, reflect the applicant enlisted for training in Army career group 91, medical care and treatment.

An Armed Forces Examining and Entrance Station, Special Orders 41, reflects that the applicant enlisted for three years, for training in Army career group medical care and treatment.

A DA Form 2981, Application for Determination of Moral Eligibility, reflects that the applicant had been arrested 2 November 1971 for DWI.

On 31 May 1972, he received nonjudicial punishment for failure to go to his appointed place of duty.  His punishment was forfeiture of $50.00.

On 1 November 1972, a court-martial charge was preferred against the applicant for his AWOL period from 2 June 1972 to 16 October 1972.  After consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army for the good of the service in lieu of trial by court-martial. 

On 1 November 1972, his commander recommended that he be eliminated from the service for unwillingness to adjust to military service and that he be issued an undesirable discharge.  The applicant consulted with counsel and submitted a statement in his own behalf.  He was also advised at that time of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans benefits.

In the statement supporting his request for a chapter 10 discharge, he indicated that he was unable to adapt to the military and that he would keep going AWOL until he got a discharge, no matter what kind of discharge.  Service in the Army had caused him problems with his family and girlfriend.  He wanted out of the Army so that his personal problems could be worked out.

The appropriate authority approved the request for elimination from the service on 13 November 1972, and directed that an Undesirable Discharge Certificate be issued. 

Accordingly, he was discharged with an under conditions other than honorable discharge on 16 November 1972, under the provisions of Army Regulation 635-200, for the good of the service.  He had served 4 months, and 4 days of total active service.

The applicant’s available record contains no evaluations, awards or documents other than the disciplinary actions noted, to indicate the quality of his service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

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's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.  The Board notes that concurrent with his request for discharge he submitted a statement indicating he could not follow orders and expressing his desire to be done with the Army regardless of the character of his discharge or the benefits that might be denied him.  Although he may now feel that he made the wrong choice, he should not be allowed to change his mind at this late date.  The Board also considered that the applicant submitted no evidence of post service achievements or actions taken to overcome his admitted alcoholism.

2.  The applicant has provided no evidence, other than his personal statement, and the record contains no evidence to substantiate his claim that he was not properly identified as an alcoholic and therefore denied treatment during his service.

3.  His lengthy AWOL warranted trial by court-martial and the quality of his service over a relatively short period of time was appropriately characterized by the undesirable discharge certificate that he received.

4.  In the absence of any evidence refuting the propriety of his undesirable discharge, there are no grounds for this Board to upgrade it.

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

___alr   __  ___teo__  ___slp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057169	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011023	
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.  110.02		
2.   		
3.   		
4.		
5.		
6.