MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           15 March 2000     
	DOCKET NUMBER:   AR1999030618

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Van B. Cunningham		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 discharge under other than honorable conditions be upgraded to general.  

APPLICANT STATES:  In effect, that he did not have an alcohol problem when he enlisted in the Army.  He contends that he was smart and a good soldier, but when he got to Germany he became an alcoholic and drug abuser.  He goes on to state that when he signed his discharge papers it stated that he could “turn” his discharge to general.  He also contends that if the Army had afforded him treatment for his alcohol and drug problem he would have made a career out of the Army.  He states that he was young and did not know that what he signed would effect his future.  He also states that he has severe Apnea (sleep disorder) and he needs a general discharge to receive medical treatment for this disorder.  In support of his application, he submits a letter of explanation.  

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

The applicant enlisted on 19 June 1981 for a period of 3 years.  He completed 
basic training and was transferred to Germany for duty as an infantryman.

Between January 1982 and September 1982, the applicant was counseled on numerous occasions for various infractions to include unsatisfactory performance, poor attitude, and drunk and disorderly conduct. 

On 20 March 1982 nonjudicial punishment (NJP) was imposed against the applicant for using provoking words, drunk and disorderly conduct and using disrespectful language towards his superior noncommissioned officer.     

On 11 May 1982 NJP was imposed against the applicant for using disrespectful language towards his superior noncommissioned officer, disobeying a lawful order and leaving his appointed place of duty without authority. 

Charges were preferred against the applicant on 13 September 1982 for disobeying a lawful command, failure to obey a lawful order, willfully destroying Government property, assaulting a sergeant and a sergeant first class, drunk and disorderly conduct (three specifications), possession of marijuana in the hashish form and wrongful transfer of marijuana in the hashish form.   

On 19 October 1982, after consulting with counsel, the applicant submitted a request for discharge for the good of the service, under the provisions of Army Regulation 635-200, chapter 10.  He indicated in his request that he understood that he could be discharged under other than honorable conditions, furnished an Undesirable Discharge and that he personally made the choice to submit his request.  Additionally, he elected not to submit a statement in his own behalf.     

The applicant’s intermediate commanders recommended approval of his request for discharge and that he be furnished a discharge under other than honorable conditions. 

The appropriate authority approved the request for discharge for the good of the service on 1 November 1982 and directed that the applicant be issued a discharge under other than honorable conditions.

DA Form 2496 (Disposition Form), dated 10 November 1982, shows the applicant did not desire a separation medical examination.  However, his medical records were reviewed and competent medical authority determined that a medical examination for separation was not required.

Accordingly, the applicant was discharged under other than honorable conditions on 10 November 1982, under the provisions of Army Regulation 635-200, chapter 10.  He had served 1 year, 4 months and 22 days of total active service and had 3 days lost.

There is no indication in the available records to show that the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations.   

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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  A discharge under other than honorable conditions is 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.  The applicant’s contention that he became an alcoholic and drug abuser when he got to Germany was noted by the Board.  However, there is no medical evidence of record, and the applicant has provided no evidence, which shows he was diagnosed as alcohol or drug dependent.  Evidence of record shows the applicant elected not to undergo a separation medical examination at the time of his separation on 10 November 1982.   

2.  Although the applicant contends that when he signed his discharge papers it stated that he could “turn” his discharge to general, there is no evidence of record, and the applicant has provided no evidence, to support this contention.  Evidence of record shows the applicant acknowledged that he could be discharged under other than honorable conditions and furnished an Undesirable Discharge. 

3.  The applicant’s contention that he was young at the time is not sufficiently mitigating to warrant relief.  The Board notes that the applicant was 21 years of age at the time when he executed his voluntary request for discharge. 

4.  The Board noted the applicant’s contention that he has severe Apnea (sleep disorder) and he needs a general discharge to receive medical treatment for this disorder.   However, the Board does not grant relief solely for the purpose of obtaining eligibility for medical treatment.

5.  The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

6.  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 the aforementioned requirement.  

7.  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

RVO ____ MKP ____ VBC _____DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030618	
SUFFIX		
RECON		
DATE BOARDED	20000315	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19821110	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.