MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            20 November 2001
	DOCKET NUMBER:   AR2001060583

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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:  Through a combination of documents, including an unsigned DD Form 149 (Application for Correction of Military Record), an unsigned DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), and a signed SF 180 (Request Pertaining to Military Records), that his under other than honorable conditions (UOTHC) discharge be upgraded to a general, under honorable conditions discharge (GD) so he can qualify for Department of Veteran Affairs (VA) benefits.

APPLICANT STATES:  That he became an alcoholic while serving in the military; that he is trying to quit drinking; and that he needs VA benefits for rehabilitation and halfway house services.

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

He enlisted in the Regular Army on 3 December 1979 for a period of 3 years.  He enlisted for the United States Army Combat Arms Unit/Area of Choice Enlistment Option (8th Infantry - Europe).  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 11B, Infantryman, and was assigned to Germany.

On 30 October 1980, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for willfully disobeying a lawful order from a superior noncommissioned officer.  As punishment, the applicant was reduced to the rank of private/E-1 (suspended), given 14 days of extra duty, and forfeited $100.00 pay.

On 1 December 1980, the applicant accepted an NJP for willfully disobeying a lawful order from a superior commissioned officer.  The applicant was confined for 30 days in the Baumholder Central Confinement Facility and reduced in rank to private/E-1.

On 16 December 1980, the applicant departed his unit in an absent without leave (AWOL) status and remained absent until apprehended by civil authorities in the United States on 3 October 1983.  He was returned to military control at the Personnel Control Facility (PCF), Fort Dix, New Jersey.  On 6 October 1983, the applicant, in an interview at the PCF, indicated that he went AWOL because of personal problems.

On 7 October 1983, the applicant was advised that he was being recommended for separation from the Army under the provisions of paragraph 14-12c, chapter 14, Army Regulation 635-200, for commission of a serious offense.  He was advised of his rights.  The applicant, after consulting with legal counsel, waived his rights to a board of officers and declined to submit a statement in his own behalf.

On 2 November 1983, the unit commander recommended that the applicant be separated from the Army.  On 7 November 1983, the intermediate commander recommended approval of the separation action.

On 16 November 1983, the appropriate authority approved the applicant’s discharge under the provisions of chapter 14, Army Regulation 635-200 with a UOTHC discharge and waived trial by court-martial on a charge of desertion.  Accordingly, on 16 December 1983, the applicant was discharged from the Army after completing 1 year, 2 months, and 27 days of active military service and accruing 655 days of lost time.

On 5 May 2001, the applicant applied to the Army Discharge Review Board for an upgrade of his discharge; however, it was beyond its 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant’s 655 days of AWOL constituted a departure from the standards of conduct expected of soldiers in the Army and adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  This incident of misconduct clearly diminished the quality of the applicant’s service below that meriting a GD.

3.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.

4.  The Board found no evidence that the applicant was ever diagnosed with, or treated for alcohol abuse while in the service.  Even if the applicant did develop an alcohol abuse problem while in the military, he had many avenues available to him to obtain help. 

5.  The Board does not upgrade discharges for the sole purpose of an applicant obtaining VA benefits.

6.  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

__JLP___  __MHM  _  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2001060583	
SUFFIX		
RECON		
DATE BOARDED	20011120	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19831216	
DISCHARGE AUTHORITY	AR 635-200, c14	
DISCHARGE REASON	Misconduct, commission of a serious offense	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	144.9320	
2.	144.9405	
3.		
4.		
5.		
6.