MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           8 January 2002
	DOCKET NUMBER:   AR2001060704

	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:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Terry L. Placek		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:  In effect, that his bad conduct discharge (BCD) be upgraded for medical reasons.

APPLICANT STATES:  That while on active duty, he was treated for alcoholism and that because of this he should have been medically discharged.  He also states that depression and alcoholism contributed to his misconduct.

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

He enlisted in the Regular Army on 27 December 1979 for a period of 3 years.  He enlisted for the United States Airborne Enlistment Option and training in military occupational specialty (MOS) 17C (Field Artillery Acquisition Specialist).  Following completion of all military training, he was awarded MOS 17C and was assigned to Fort Carson, Colorado.

On 27 June 1980, the applicant was promoted to the rank of private/E-2.  

On 19 September 1980, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 16-17 September 1980.  His punishment consisted of forfeiture of $100.00 pay and 14 days of restriction and extra duty.

On 5 December 1980, the applicant accepted an NJP for willfully disobeying a lawful order of a noncommissioned officer (NCO) and twice failing to go to his appointed place of duty.  His punishment consisted of forfeiture of $100.00 pay per month for 2 months (suspended $50.00 per month until 10 February 1981), 15 days of restriction and extra duty, and correctional custody for 15 days (suspended until 10 June 1981).

On 11 February 1981, the applicant was promoted to private first class/E-3.

On 1 September 1981, the applicant accepted an NJP for being AWOL.  His punishment consisted of forfeiture of $50.00 pay per month for 2 months, reduction in rank to private/E-1, and 30 days of restriction and extra duty (suspended until 18 November 1981).

On 1 July 1982, the applicant was convicted by a special court-martial of two specifications of AWOL (1 October 1981 to 24 April 1982 and 25 April 1982 to 6 June 1982).  He was sentenced to forfeiture of $367.00 pay per month for 4 months (1 month suspended for 6 months), confinement at hard labor for 4 months (1 month suspended for 6 months), and a BCD.  The sentence was adjudged on 1 July 1982.

On 24 August 1982, the sentence was approved and ordered executed.  Pending appellate review of his case, the applicant was confined at the Area Confinement Facility, Fort Carson, Colorado.

On 26 October 1982, the United States Court of Military Review (USCMR) affirmed the findings of guilty and the sentence.  

On 14 March 1983, the applicant’s petition for Grant of Review of the decision of the USCMR was denied.

On 31 March 1983, the sentence having been affirmed, the BCD was ordered executed.

On 15 April 1983, the applicant was discharged with a BCD pursuant to his sentence by general court-martial.  He was credited with 2 years, 5 months, and 9 days of active military service and 405 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3, paragraph 3-11, provides that a soldier will be given a BCD pursuant only to an approved sentence to a general court-martial or special court-martial.  The appellate review must be completed and the affirmed sentence ordered duly executed.

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 Board noted the applicant’s contentions concerning depression and alcoholism; however, the evidence of record does not support them and the applicant has not provided any corroborating evidence to support them.  Furthermore, the applicant had many legitimate avenues to seek assistance without committing the misconduct that led to his discharge.

3.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

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

__LLS___  __RWA__  __TLP__  DENY APPLICATION

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

INDEX

CASE ID	AR2001060704	
SUFFIX		
RECON		
DATE BOARDED	20020108	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19830415	
DISCHARGE AUTHORITY	AR 632-200, c3	
DISCHARGE REASON	As a result of court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	144.9405	
2.		
3.		
4.		
5.		
6.