MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            07 FEBRUARY 2002                  
	DOCKET NUMBER:   AR2001065213

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		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 upgraded to honorable.

APPLICANT STATES:  He was assigned to Germany and was unable to "adapt to the Army conditions over there" and as a result became influenced by alcohol. He notes he has regretted "it all [his] life."  He states that he is now 56 years old, has raised a family and is a grandfather who does not smoke or drink.  He states that he would like to think that he served his country and that when he joined the service he had every intention of "fighting for our country" which he did until he was discharged.  He submits no evidence in support of his request.

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

He entered active duty on 13 January 1964, successfully completed basic and advanced individual training, and was assigned to Germany as a "Pioneer" in June 1964.

Between August 1964 and August 1965 the applicant was punished on four separate occasions under Article 15 of the UCMJ (Uniform Code of Military Justice) and convicted by one summary and one special courts-martial.  His offenses included AWOL (absent without leave), missing movement through neglect, drunk on duty and in a public place, being in an off limits establishment, missing guard mount, and allowing a restricted man to leave his charge.  His punishments included extra duty, forfeiture, confinement and reduction.

In October 1965 he was barred from reenlistment and his unit commander initiated action to administratively separate him from active duty under the provisions of Army Regulation 635-208 (unfitness).  His commander cited the applicant’s repeated acts of misconduct as the basis for his recommendation and noted that the applicant "certainly [has] the ability to be a good soldier, but refuses to make the necessary effort."  He stated that "the time and expense that would be required to motivate him could not be justified by the results."  The applicant acknowledged receipt of the proposed separation, consulted with counsel and waived his attendant rights.  Physical and mental health evaluations found the applicant mentally and physically qualified for separation.

The recommendation was approved and on 26 November 1965 the applicant was discharged "under conditions other than honorable" and issued an undesirable discharge certificate.

Army Regulation 635-208, then in effect, set forth the policy and procedures for separation of enlisted personnel for unfitness.  Unfitness included repeated petty offenses/frequent incidents of a discreditable nature with military or civilian authorities, sexual perversion, drug abuse, use of marijuana and an established pattern of dishonorable failure to pay just debts.  Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.

Army Regulation 635-200 states that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

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 has submitted neither probative evidence nor a convincing argument in support of his request.  His contention that his use of alcohol somehow justified or excused is behavior is without foundation.  

2.  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.

3.  While the applicant’s contention that he, in effect, became a productive member of society and a good family man has been noted, it does not outweigh the seriousness of his conduct while in the military and does not provide an adequate basis upon which the Board would grant relief.

4.  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

__FNE __  __MKP__  ___LE __  DENY APPLICATION

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

INDEX

CASE ID	AR2001065213	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020507	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.