MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            26 August 2003
	DOCKET NUMBER:   AR2003086942

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Robert J. Wagner		Chairperson	
	Ms. Marla J. Troup		Member	
	Mr. Robert Duecaster		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 changed to a medical discharge.

APPLICANT STATES:  That he was punished for having a medical disability due to the disease of alcoholism.  In support of his application, he submitted a supplemental letter and a Transfer Summary from the Southwest Mississippi Mental Health Complex.

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

The applicant enlisted in the Regular Army on 22 April 1964.  He completed basic combat training at Fort Polk, Louisiana and was further assigned to Fort Sill, Oklahoma, for advanced individual training (AIT).

On 21 October 1964, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 10 July 1964 to 30 August 1964.  He was sentenced to confinement at hard labor for four months (suspended for four months) and forfeiture of $52.00 pay per month for four months.

The applicant was punished under Article 15, Uniform Code of Military Justice (UCMJ) for failing to go to his appointed place of duty.

On 3 September 1965, he received a second Article 15, UCMJ for failing to report for KP duty at the time specified and after reporting to KP duty he was relieved for being under the influence of alcohol.

The applicant was convicted by a special court-martial of being AWOL from 17 September 1965 to 13 February 1966.  He was sentenced to confinement at hard labor for six months, forfeiture of $60.00 pay per month for six months, and reduction to the grade of private E-1.

The applicant indicated on his Standard Form 89 (Report of Medical History), dated 4 April 1966 that he had an excessive drinking habit.

The applicant's Standard Form 88 (Report of Medical Examination), dated 4 April 1966 shows he had been diagnosed as having a passive-aggressive personality. The examining physician stated that the applicant had no mental or physical defects which would warrant medical disposition.  At that time, he was found to be medically qualified for separation under the provisions of Army Regulation 635-208.

The complete facts and circumstances pertaining to the applicant's discharge proceedings are not present in his personnel records.  However, his DD Form 214 indicates that he was discharged on 19 May 1966 under the provisions of Army Regulation 635-208 for unfitness due to an established pattern of shirking with an undesirable discharge.  He had completed 1 year, 1 month, and 27 days total active military service with 337 days of lost time due to AWOL and confinement.

The applicant provided a Transfer Summary, dated 7 August 1995 from the Southwest Mississippi Mental Health Complex in which he was diagnosed as having alcohol dependence.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following:  frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.  In pertinent part it states that an enlisted soldier may not be referred for, or continue, physical disability processing when action has been started under any regulatory provisions which authorizes a characterization of service of under other than honorable conditions.  It also states that the commander exercising general court-martial jurisdiction over the soldier may abate the administrative separation if the general court-martial convening authority finds that the disability is the cause, or a substantial contributing cause, of the misconduct that might result in a discharge under other than honorable conditions.

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.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record.
3.  There are no medical records which indicate any medical condition incurred that would render the applicant medically unfit.  Alcohol abuse does not excuse misconduct.

4.  The Board has determined that the applicant's discharge was proper and correct at the time and there is no basis to change his undesirable discharge to a medical 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

RJW____  RD______  MJT____  DENY APPLICATION

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

INDEX

CASE ID	AR2003086942	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030826	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19660519	
DISCHARGE AUTHORITY	AR635-208       	
DISCHARGE REASON	Unfitness due to an established pattern shirking 	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.