MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 December 2002                   
	DOCKET NUMBER:   AR2002075509

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Powers		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 under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. 

APPLICANT STATES:  That he was an active alcoholic at the time of his discharge; that he sought treatment upon being discharged and he has remained sober since that time.  He submits in support of his request a certificate of appreciation that he received from the Lansdale (Pennsylvania) Jaycees for being a guest speaker at a Jaycees event and for taking a responsible and active interest in his community. 

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

That prior to the period of service under review, he served honorably in the Regular Army (RA) from 8 July 1963-24 May 1966 and from 
25 February 1981-27 November 1983.  At the end of his first period of service, he was issued a DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge).  He had a break in services that extend more than 14 years between the first and second periods of service. 

On 28 November 1983, while assigned to Fort Bragg, North Carolina, the applicant reenlisted in the RA for 6 years.  His military occupational specialty (MOS) was Military Police, MOS 95B and his pay grade was E-5.  This was the highest pay grade that he achieved.  

On 9 February 1984, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, was imposed against the applicant for indulging in intoxicating liquor and being incapacitated for the proper performance of his duties on 2 February 1984.  His punishment included forfeiture of $267.00 pay for 1 month and 14 days of extra duty and restriction; all punishment was suspended until 9 August 1984.  On 5 March 1984, the suspended punishment was vacated after the applicant failed to go to physical fitness formation on 2 March 1984.

On 22 February 1984, a bar to reenlistment was initiated against the applicant due to the above NJP and due to indebtedness.  Between September 1982 and December 1983, the applicant failed to maintain sufficient funds in his account to cover 17 checks written to various facilities totaling approximately $530.75.  On 5 April 1984, the bar to reenlistment was approved.

On 22 March 1984, NJP was imposed against the applicant for failure to go to his appointed place of duty at the time prescribed and for failure to obey a lawful order on 19 March 1984.   His punishment included reduction from pay grade E-5 to pay grade E-4 and forfeiture of $200.00 pay per month for 2 months.  His punishment was suspended until 20 May 1984.
On 26 March 1984, the applicant reported to duty, smelled of alcohol, appeared to be intoxicated, and displayed insubordinate conduct towards a noncommissioned officer.  As a result of his behavior, he was administered a Breathalyzer test that indicated his blood alcohol level was .16%. 

On 12 April 1984, court-martial charges were preferred against the applicant for wrongfully using provoking words towards a noncommissioned officer, for indulging in intoxicating liquor, and for being incapacitated for the performance of his duties on 26 March 1984.  

On 2 May 1984, the applicant consulted with legal counsel and requested discharge under the provisions of chapter 10, Army Regulation 635-200 for the good of the service in lieu of court-martial.  He was advised that he could receive a UOTHC discharge.  He authenticated a statement with his signature acknowledging that he understood the ramifications and effects of receiving a UOTHC discharge.  He did not submit a statement in his own behalf.  

On 11 May 1984, the applicant's unit commander and his intermediate commander recommended separation with a UOTHC discharge.

The applicant left his unit in an absent without leave (AWOL) status between 
23-31 May 1984.  

On 11 June 1984, the approval authority approved the applicant's request for discharge under the provisions of chapter 10 and directed that he be separated with a UOTHC discharge in pay grade E-1.  

The applicant's DD Form 214 shows that, on 18 June 1984, he was separated under the provisions of chapter 10, Army Regulation 635-200 with a UOTHC discharge for the good of the service-in lieu of court-martial.  He had completed 
3 years, 3 months and 16 days of active military service during this period and he had 2 years, 10 months and 17 days of prior active duty service.  He also had 
8 days of lost time due to being AWOL.

There is no evidence that the applicant ever applied to the Army Discharge Review Board for review of his discharge under that board's 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.  Although an honorable or general discharge was authorized, a UOTHC discharge was 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.  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.

2.  The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, to avoid trial by court-martial was administratively correct and in conformance with applicable regulations. 

3.  The Board took into consideration the applicant's entire record of service and was convinced that both the reason for discharge and the characterization of service were appropriate considering the facts surrounding his discharge.

4.  The Board has taken into consideration the applicant’s contention that he was an alcoholic at the time that he committed the offenses for which he was separated.  If the applicant abused alcohol, he violated the Army's alcohol policy and he compromised the trust and confidence placed in him as a soldier and he knowingly risked his military career and diminished the quality of his service below that meriting an honorable discharge

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

__lls___  __bje___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2002075509	
SUFFIX		
RECON		
DATE BOARDED	20021217	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19840618	
DISCHARGE AUTHORITY	AR635-200, Chap 10  	
DISCHARGE REASON	A04.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.0400	
2.		
3.		
4.		
5.		
6.