MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           21 February 2002                 
	DOCKET NUMBER:   AR2001061328

	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. George D. Paxson 		Chairperson	
	Mr. Thomas A. Pagan		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:  That his undesirable discharge be upgraded.

APPLICANT STATES:  He developed an alcohol problem while on active duty.  However, he didn’t know that treatment was available for alcoholism, and he was not offered any treatment by his command.  Since his discharge he has attended three alcohol and drug treatment programs, one in 1983, one in 1997, and one in 2000.

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

He enlisted in the Regular Army on 14 November 1974 and was awarded the military occupational specialty of tactical wire operations specialist.

He accepted nonjudicial punishment (NJP) on eight occasions, two for failure to obey lawful orders, one for being absent without leave, one for having a blade in his room, one for failure to obey and for disobeying a lawful command, one for failure to go to his appointed place of duty, one for failure to go to his appointed place of duty and for disobeying a lawful command, and one for breaking restriction and AWOL.

On 30 March 1977, court-martial charges were preferred against the applicant for disobeying a lawful order, for being disrespectful in language to his first sergeant, for being drunk and disorderly in quarters, and for breaking restriction.

On 11 April 1977, the applicant requested discharge in lieu of trial by court-martial for the good of the service.

The applicant’s request was approved by the appropriate authority and he was issued an Undesirable Discharge Certificate on 27 April 1977, under the authority of Army Regulation 635-200, Chapter 10.

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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

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.  The applicant has not claimed that there were any errors in his discharge process and the Board does not find any errors.  

2.  While the applicant may have developed a drinking problem while he was in the service, that would not excuse his acts of misconduct.  Therefore, even if he had sought and received treatment for alcoholism while he was in the service, it would not have prevented his command from preferring charges against him for the offenses which formed the basis for his request for discharge in lieu of trial by court-martial.

3.  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

__gdp ___  __tap___  ___mhm_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001061328	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020221	
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.	A71.00	
2.	A93.01	
3.	A93.19	
4.		
5.		
6.