PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            30 July 2002                  
	DOCKET NUMBER:    AR2001066136

	I certify that hereinafter is recorded the true and complete record of the proceedings 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:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Thomas Lanyi		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests reconsideration of his previous application to correct his military records by upgrading his undesirable discharge to a general discharge.

3.  The applicant, in effect, states that during his time in the Army he was an alcoholic.  He was discharged from the Army in 1962 and remained an alcoholic until 1978.  It was only after he stopped drinking for several years that he felt he could ask for his records to be changed.  He still does not ask for an honorable discharge but for a general discharge.  He admits that he had a drinking problem and is truly sorry for the things he did while in the Army.  It still troubles him.  He has changed his life completely and is only asking for forgiveness from his country and would appreciate it if the Board would reconsider his request. 

4.  The applicant submitted a copy of a high school diploma, which indicates that in 1989, he earned a high school equivalency diploma.  He also submitted a personal statement and letters of support from family, friends and his minister.

5.  The applicant’s submission is new evidence that requires Board consideration.

6.  The Memorandum of Consideration (MOC) of the Board’s 27 May 1998 review of the case (AC97-06039) is incorporated herein by reference as if wholly set forth.

7.  The referenced MOC reflects that the applicant enlisted on 7 July 1959 for 3 years.  During the period 1 July 1961 to 5 March 1962, he was AWOL 5 times; he violated restriction imposed under previous punishment by Article 15 Uniform Code of Military Justice; he misappropriated a government vehicle and was convicted by a summary and a special court-martial for these offenses.  He was separated on 21 June 1962.  He was credited with 2 years, 10 months and 26 days credible service with 19 days of lost time.

8.  In summary, the letters supporting his request attest that the applicant has stopped drinking.  The applicant expresses remorse for his behavior in the Army and states that he has become a responsible husband, father, employee, and citizen.  The undesirable discharge was a source of shame that added to his feeling of self-hate.  They attest that the applicant is a person who has made mistakes, who has learned from those mistakes, and has tried to better not only himself, but to help other as well.  His wife left him because of his drinking, but because he stopped drinking remarried him.  He has served as a Sunday School Superintendent responsible for the Christian education of some 150 students.  

9.  The applicant, in his personal statement, recalls that when he enlisted at the age of 17 he was already a drinker.  He did a pretty good job in the Army for about two years.  He initially could control the drinking but as the years went by it became too much and the drinking started to control him.  He began "staying out" and being AWOL which led to his discharge.  He continued to drink after the discharge and lost his wife.  He then began to see that what he was doing was wrong, stopped drinking, remarried his wife, and has not had a drink in 20 years. He knows it has been a long time since his discharge, but this has been on his mind all of the time.

CONCLUSIONS:

1.  The applicant’s administrative separation under the provisions of AR 635-208 by reason of undesirable habits and traits was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  The Board believes the applicant's contention that his behavior was attributed to his excessive use of alcohol.  Although, the Board does not condone the applicant’s misconduct of record, sufficient evidence exists which tends to show that the preponderance of the applicant’s misconduct was related to his abuse of alcohol.  

3.  The Board noted that in 1962 the Army did not have an alcohol or drug abuse program in place to assist soldiers who were identified as chronic alcohol users and in need of alcohol rehabilitation.  

4.  Given the circumstances of this case the minimal amount of lost time, the fact that he served over 34 months of his 36 month enlistment, that he had served two years before the first offense, the lack of available rehabilitation, and the passage of 40 years since his separation, the Board believes that clemency is warranted.  It appears that the interest of justice would best be served by changing the applicant’s characterization of service to general, under honorable conditions. 

5.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with a General Discharge Certificate on 21 June 1962.

2.  That the Department of the Army issue to the individual concerned a General Discharge Certificate from the Army of the United States, dated 21 June 1962, in lieu of the undesirable discharge of the same date now held by him.

BOARD VOTE:

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__aao_ __  ___kah__  ___tl____  DENY APPLICATION

		__________Arthur A. Omartian______
		        CHAIRPERSON

INDEX

CASE ID	AR2001066136	
SUFFIX		
RECON	AC97-06039	
DATE BOARDED	20020730 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.9320.0000	
2.		
3.		
4.		
5.		
6.