MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 August 2000
	DOCKET NUMBER:   AR1999034888

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		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 an honorable discharge.

APPLICANT STATES:  In effect, that he suffered from depression and he had an alcohol problem and he was not afforded the proper help while he was in the Army.  In support of his appeal he submits a letter addressed to the United States Army Discharge Review Board (ADRB) dated 12 September 1999 explaining what he believes to be the events that lead to his discharge from the Army and his subsequent incarceration by civil authorities.

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

On 3 June 1982, he enlisted in the Army for 3 years in the pay grade of E-2 and he successfully completed his training as a military policeman.  He remained on active duty through a series of continuous reenlistments.

The applicant was selected to become an Army recruiter, successfully completed the Army Recruiter Course and was assigned to recruiting duty in December 1987.  However, on 9 October 1988, he was convicted by civil authorities for driving while intoxicated and for fleeing and attempting to elude police.  His sentence consisted of confinement for 3 days, a $717 fine and probation for 2 years.

As a result of his conviction by civil authorities, he was released from recruiting duty in February 1989 after he was identified as being an unsuitable recruiter.  He was also furnished a General Officer Letter of Reprimand by the recruiting commander.

Nonjudicial punishment was imposed against the applicant on 26 July 1989 for operating a passenger car while drunk and for indecent exposure.  His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.  He was also furnished with a General Officer Letter of Reprimand for his acts of misconduct.

The applicant underwent a psychiatric evaluation on 5 September 1989 and alcohol dependence was ruled out.  He was diagnosed as being an alcohol abuser.  He was also diagnosed as having antisocial and narcissistic personality traits.  The psychiatrist stated that the applicant most probably needed treatment for alcohol abuse and that given his characteristic pattern of denial and defensiveness, he would be unlikely to welcome treatment and may be resistant to rehabilitation.  The psychiatrist also stated that he was also a poor candidate 

for psychological treatment due to his distrust of others-making a therapeutic alliance most difficult.  The psychiatrist concluded by stating that it was clear that without motivation to acknowledge his personal problems, the applicant would likely continue to abuse alcohol and present further problems.  The psychiatrist determined that he was mentally responsible, able to distinguish right from wrong and to adhere to the right, and had the mental capacity to understand and participate in board proceedings.  He was psychiatrically cleared for any administrative action deemed appropriate by his command.

On the same day, the applicant was notified that action to eliminate him from the Army under the provisions of Army Regulation 635-200, chapter 14 had been initiated.  He acknowledged receipt of the notification and, after consulting with counsel, he requested to have his case heard before a board of officers.
A board of officers convened on 2 November 1989 to determine whether the applicant should be discharged prior to the expiration of his term of service.  The board recommended that the applicant be eliminated from the Army under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 14 for misconduct, based on his commission of a serious offense.

On 21 November 1989, the appropriate authority approved the recommendation for discharge.  Accordingly, on 19 December 1989, the applicant was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 14 for misconduct, based on his commission of a serious offense.  He had completed 7 years, 6 months and 17 days of total active service. 

On 10 November 1997, the ADRB denied the applicant’s request for an upgrade of his discharge.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are not supported by the evidence submitted with his application or the evidence of record.  The evidence of record clearly shows that he was examined by a psychiatrist who determined that while he was not dependent on alcohol, he was abusing alcohol and that he was unlikely to welcome treatment and may be resistant to rehabilitation.  Accordingly, he was properly processed for separation from the service under the applicable guidelines in effect at the time. 

4.  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.

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

___esc__  __js  ____  ___cmf__  DENY APPLICATION

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

INDEX

CASE ID	AR1999034888	
SUFFIX		
RECON		
DATE BOARDED	2000/08/03	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1989/12/18	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	626	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  627	144.6100	
2.  671	144.6730	
3.		
4.		
5.		
6.