MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 March 2002
	DOCKET NUMBER:   AR2001060416

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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: In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded. 

APPLICANT STATES:  In effect, that alcohol impaired his ability to serve in the Army.  He states that his addiction to alcohol was the cause of his misconduct that resulted in him being punished under the Uniform Code of Military Justice.   He further states that he has been free of alcohol for 10 years and is now a successful business owner and husband.  In support of his application, he submits the following documents: Certificate Of Release Or Discharge From Active Duty (DD Form 214); Personnel Qualification Record (DA Form 2-1); Record of Court-Martial (DA Form 2-2); and associated medical documents.

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

The applicant entered the Army on 24 August 1979 and completed training in military occupational specialty 11B1P (Infantry/Parachutist) at Fort Benning, Georgia.  He was subsequently assigned to Fort Bragg, North Carolina, for his first permanent duty station.  

The applicant’s record shows that the highest rank he attained while serving on active duty was private/E-2 and it documents no significant acts of valor, significant achievement, or service warranting special recognition.  However it does contain an extensive disciplinary history that includes his acceptance of nonjudicial punishment (NJP) and a conviction by a special court-martial.  

On 7 August 1980, the applicant was convicted of the following offenses by a special court-martial:  failure to go to his appointed place of duty; missing movement; and AWOL on the following three separate occasions:  21 to 22 May 1980; 25 May to 8 June 1980; and 1 to 5 July 1980.  His sentence included a reduction to private/E-1, a forfeiture of $274.00 pay for 3 months, and 21 days of extra duty.  On 3 October 1980, the applicant accepted NJP for being AWOL from 10 to 20 September 1980.

The applicant’s discharge packet is missing from his military records; however, a properly constituted separation document (DD Form 214) is on file that documents the reason and characterization of his discharge.  This document confirms that on 17 December 1980, he was administratively separated under the provisions of chapter 14, Army Regulation 635-200, by reason of frequent incidents of a discreditable nature with civil or military authorities and that he received an UOTHC discharge.  It also shows that at the time of his discharge he had completed only 1 year, 2 months and 18 days of creditable active military service and that he had accrued 37 days of lost time due to AWOL. 

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statue of limitations.

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 14-33b, then in effect, provided for separating members for a pattern of misconduct, including frequent incidents of discreditable nature with civil or military authorities.  An under other than honorable discharge certificate 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.  The Board notes the applicant’s contentions that alcohol impaired his ability to serve in the Army and that his post service conduct has been excellent.  However, it finds insufficient evidence to show these factors are sufficiently mitigating to warrant the requested relief.  

2.  The Board finds no evidence of record that shows that the applicant’s disciplinary history was alcohol related and he has failed to provide independent evidence to the contrary.  In addition, while the Board congratulates the applicant on his post service accomplishments, this factor alone does not provide a basis for upgrading his discharge.  

3.  The evidence of record confirms that the applicant’s administrative separation was accomplished in compliance with applicable regulations in effect at the time. In the absence of information to the contrary, the Board is satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  The applicant’s discharge appropriately characterizes his overall record of service and the Board finds, in view of the facts of this case, that relief is not warranted. 

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

__RVO__   _ _JPI__  __RKS     DENY APPLICATION

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

INDEX

CASE ID	AR2001062416	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/07	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19801217	
DISCHARGE AUTHORITY	AR635-200, paragraph 14-33b.  .  .  .  .  	
DISCHARGE REASON	Frequent Incidents of a discreditable nature	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1 92.21.	110.00	
2.94.43		
3.		
4.		
5.		
6.