MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 September 2002
	DOCKET NUMBER:   AR2002072150

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Karen A. Heinz		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 general discharge.

APPLICANT STATES:  That he has been clean and sober for 14 years and his life has changed.  He goes on to state that he is a certified nursing assistant in three States, is a notary in two States, that he took a course in drug addiction and works with addicts and mental patients as a counselor.  He further states that he desires to clear his name after so many years of hurt and alcohol dependence.  In support of his application, he submits three third party statements of support, which attest to his character.

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

He enlisted at Fort Jackson, South Carolina, on 13 June 1967, for a period of 3 years and training as a helicopter maintenance mechanic.  He remained at Fort Jackson to undergo his basic combat training (BCT) and received good and fair conduct and efficiency ratings.

Upon completion of his BCT, he was transferred to Fort Eustis, Virginia, on 1 September 1967, to undergo his advanced individual training (AIT) as a helicopter mechanic.

On 14 September 1967, nonjudicial punishment (NJP) was imposed against him for shoplifting at the post exchange.  His punishment consisted of a forfeiture of pay, extra duty and restriction.

The applicant failed to complete his AIT and was transferred to Fort Dix, New Jersey, on 18 November 1967, to undergo AIT as a light weapons infantryman.  He successfully completed his AIT and was transferred to Korea on 30 January 1968, for duty as a rifleman.  He was advanced to the pay grade of E-3 on 23 April 1968.

On 24 September 1968, NJP was imposed against him for having in his possession a false pass, with intent to deceive.  His punishment consisted of a forfeiture of pay, extra duty and restriction.

Although the specifics are not contained in the available records, his records show that NJP was imposed against him on 4 July 1968, which resulted in his being reduced to the pay grade of E-2.

On 12 February 1969, NJP was imposed against him for intentionally missing movement (his port call) on 30 January 1969, for his reassignment to Fort Lewis, Washington.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay and extra duty.

He departed Korea on 8 March 1969 and was transferred to Fort Riley, Kansas, where he reenlisted on 20 May 1969, for a period of 6 years and training as a machinist.  He was scheduled to attend his training on 12 September 1969; however, he went absent without leave (AWOL) on 14 August 1969 and remained absent until he returned to military control at Fort Bragg, North Carolina, on 2 December 1969.  He again went AWOL on 24 January 1970 and remained absent until 20 February 1970.  He was transferred back to Fort Riley and again went AWOL from 28 February 1970, until he was returned to military control at Fort Lewis on 15 March 1970, and charges were preferred against him for the AWOL offenses.

He was convicted by a special court-martial on 19 May 1970 of being AWOL from 14 August to 1 December 1969, from 24 January to 20 February 1970, and from 28 February to 15 March 1970.  He was sentenced to confinement at hard labor for 4 months and a forfeiture of pay.  However, the convening authority suspended the sentence until 18 September 1970, unless sooner vacated. 

The facts and circumstances surrounding his administrative discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214), which was signed by the applicant and shows that he was discharged under other than honorable conditions on 15 October 1970, under the provisions of Army Regulation 635-212 for unfitness due to an established pattern of shirking.  He had served 2 years, 9 months and 3 days of total active service and had 210 days of lost time due to AWOL.

There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

A review of the available records also fails to show that the applicant’s misconduct was alcohol related.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  It provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil and/or military authorities, established pattern for shirking, established pattern of failure to pay just debts, drug addiction, failure to support dependents and lewd or indecent acts were subject to separation for unfitness.  An undesirable discharge was 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.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in accordance with applicable regulations with no procedural errors that would tend to jeopardize his rights.

2.  Accordingly, the type of discharge and the reasons therefore were appropriate considering the available facts of the case.

3.  The applicant’s contentions and supporting documents have been noted by the Board.  However, they are not sufficiently mitigating to warrant relief when compared to his otherwise undistinguished record of service.

4.  Although the Board can find no evidence that his misconduct was alcohol related, the Board commends him for overcoming his alcohol addiction and providing assistance to others in need.  However, his record of service is such that it simply does not rise to the level of service under honorable conditions. 

5.  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.

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

__eja ___  ___kh___  ___tbr  __  DENY APPLICATION

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

INDEX

CASE ID	AR2002072150	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/17	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1970/10/15	
DISCHARGE AUTHORITY	AR635-212	
DISCHARGE REASON	Unfit	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/a51.00	
2.		
3.		
4.		
5.		
6.