MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 January 2002                 
	DOCKET NUMBER:    AR2001063439

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Donald P. Hupman, Jr.		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:  That he developed a bipolar disorder prior to his discharge.  In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in the New Jersey Army National Guard (NJARNG) on 21 March 1994, as a light wheel vehicle mechanic.  He was ordered to active duty (AD) on 23 September 1994 and was released from AD on 17 March 1995.

He enlisted in the Regular Army on 1 June 1995.

The applicant received two letters of reprimand (LOR) for driving while intoxicated (DWI) on 2 June 1996 and on 31 December 1997.

Charges were preferred against the applicant on 4 February 1998, for DWI
on 31 December 1997.

On 25 February 1998, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, chapter 10.  In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if a discharge under other than honorable conditions were issued.  He also elected to submit a statement in his own behalf in which he stated that he became addicted to alcohol.  He also stated that he understood and accepted that his alcohol addiction ruined his military career which would affect him for the rest of his life.  He accepted responsibility for his bad decisions which were to drive while intoxicated.  He had tried hard to overcome his addiction, had not driven under the influence since his incident, which resulted in his court-martial charges, and regardless of what happens he looked forward to some type of future.  He further stated that the loss of his career was a wake up call and hoped that he would be granted a general discharge in order to have a more realistic opportunity of seeking employment upon his return to New York.

On 9 March 1998, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Under Other Than Honorable Conditions Discharge.  The applicant was discharged on 31 March 1998.  He had a total of 3 years, 3 months, and 25 days of creditable service.

The applicant’s medical records are unavailable for review.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 8 August 2001.  The ADRB determined that his discharge was proper and equitable and denied his request on 12 October 2001.

Army Regulation 635-200 sets forth the basic authority for 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.

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 he developed a bipolar disorder prior to his discharge; however, there is no evidence in the available records, and the applicant has provided no evidence, to show that he was diagnosed with a bipolar disorder prior to his discharge.  There is no evidence that he could not tell right from wrong. 

2.  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.  

3.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.  

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

_INW____  _DPH___  _HOF___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063439	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020115	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19980331	
DISCHARGE AUTHORITY	AR .635-200  C 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.