MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           5 August 2003                  
	DOCKET NUMBER:   AR2003084642

	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. Luther L. Santiful		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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 an honorable discharge.

APPLICANT STATES:  He completed an experimental school which resulted in his promotion to pay grade E-5 within 10 months of enlistment.  However, he was not well received as a noncommissioned officer (NCO) by the NCO’s who had to reenlist to be promoted to pay grade E-5.

He was wounded 22 days after he arrived in Vietnam.  After spending two months in a military hospital in Vietnam, he was sent back to his unit with a cast on his arm.  He started drinking alcoholic beverages heavily at that time.

He reenlisted to earn the respect of the other NCO’s, but that didn’t work.  As a result, he continued to drink heavily.  

Even though alcoholic beverages were found in his wall locker during inspection and he was punished for misappropriating a Government vehicle while drunk, he wasn’t given any treatment or counseling for his alcohol consumption.  Instead, the Army discharged him.

He now wants his undesirable discharge upgraded so he can receive the medical attention that he now needs.

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

He enlisted in the Regular Army on 3 February 1969.  He completed his initial entry training and was awarded the military occupational specialty of crawl tractor operator.  He was promoted to pay grade E-5 on 19 September 1969.

He was assigned to Vietnam on 16 December 1969.  He was wounded by hostile fire on 7 January 1970 and was awarded the Purple Heart.  He returned to the continental United States on 19 November 1970.

On 19 March 1971, the applicant reenlisted for 3 years.  He was given the enlistment options of station of choice Alaska and a cash bonus, which he was given lump sum.

On 27 July 1971, while still in the continental United States, he accepted nonjudicial punishment (NJP) for being absent without leave (AWOL) for 21 days.

While in Alaska, on 4 October 1971 he accepted NJP for having whiskey in the barracks.

On 15 October 1971, he again accepted NJP for misappropriation of Government property.
On 21 December 1971, court-martial charges were preferred against the applicant for disobeying two lawful orders.

On 11 January 1972, the applicant submitted a request for discharge in lieu of court-martial for the good of the Service.  In that request he acknowledged if his request was approved, “I may be ineligible for many or all benefits administered by the Veterans Administration.”  In a separate statement he submitted with his request, he said “In 28 months of service I have had no trouble until recently.  Through Basic Training, [advanced individual training], NCO School, Viet Nam and Fort Rucker, Alabama, I had no trouble . . . I understand that I might [lose] my benefits.  However, I still feel that a discharge will benefit me more.”

The applicant’s request was approved by the appropriate authority and he was given an undesirable discharge on 2 February 1972.

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.

The applicant submitted two requests to the Army Discharge Review Board asking that his discharge be upgraded.  Those two requests were denied in 1973 and 1984, respectively.

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.  It is evident that the applicant attended a school which resulted in his rapid promotion to pay grade E-5.  However, the applicant himself stated in his request for discharge that he had no problems in the Army until his arrival in Alaska.  This statement would appear to contradict his contention that his rapid promotion caused him problems throughout his military service.

2.  The only evidence of alcohol related offenses is the discovery of whiskey in the applicant’s wall locker.  There is no indication that the applicant was intoxicated when he misappropriated Government property.  One offense of possessing alcoholic beverages would not generally be considered indicative, in of itself, of a drinking problem which would warrant a command referral to alcohol counseling and treatment.  It is noted that the applicant never informed his command that he had a problem with alcohol.
3.  The applicant’s record of three NJP’s and two court-martial offenses are certainly sufficient grounds to warrant an undesirable discharge.

4.  The applicant acknowledged in his request for discharge that he may be denied Veterans Administration benefits.  While it is regrettable that the applicant now finds that he needs medical treatment (presumably by the Department of Veterans Affairs), that does not form the basis to upgrade a properly issued discharge.

5.  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 __  ___rjw___  ____clg__  DENY APPLICATION

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

INDEX

CASE ID	AR2003084642	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030805	
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.	A75.00	
2.	A93.19	
3.		
4.		
5.		
6.