MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 December 2002                   
	DOCKET NUMBER:   AR2002075737

	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	
	Mrs. Joyce A. Hall .		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 undesirable discharge be upgraded to a general (under honorable conditions) discharge.

APPLICANT STATES:  In effect, during his last enlistment in the Army he had a problem with alcohol abuse.  He received an undesirable discharge as a result of that abuse.  He contends that the Army did not provide proper rehabilitation for alcohol abuse then as they do today to help soldiers with alcohol problems. He further stated that he has been sober for the last forty years and that he is a retired United Methodist Minister.  In support of his application, the applicant submits four letters attesting to his character.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from a reconstructed record and shows that the applicant reenlisted in the Army on 28 January 1955 after having prior honorable service.  On 5 December 1956 the applicant was discharged from the Army with an undesirable discharge.  

The facts and circumstances surrounding the applicant's discharge are not present in the available records.  However, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates that on 11 January 1978 he was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 13-5a(4) for unfitness.  He had served 3years, 9 months and 21 days of active service this enlistment period and he had 51 days lost time.

Army Regulation 635-208, in effect at the time, provided, in pertinent part, the policies procedures, and guidance for the elimination of enlisted personnel who were determined to be unfit for further military service.  However, at the time of the discharge an undesirable discharge was normally considered appropriate. 

Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under
honorable conditions may be issued only when the reason for the soldier's
separation specifically allows such characterization.

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 considered the applicant's request to upgrade his discharge from undesirable to a general discharge.  

2.  The applicant's service personnel and medical records are not available.  

3.  In the absence of evidence to the contrary, it must be presumed that the applicant's separation under the provisions of Army Regulation 635-208 was administratively correct and in conformance with applicable regulations.
In view of the foregoing, there is no basis for granting the applicant's request.

4.  The Board noted the applicant's character references submitted with his application attesting to his good character and his accomplishments since separation from active duty.  The applicant is to be commended for his efforts.  However, these accomplishments are not sufficient bases upon which to grant relief.  

5.  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.

6.  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	AR2002075737	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/12/17	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1956/12/05	
DISCHARGE AUTHORITY	AR635-208 .  .  .  .  .  	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.5000	
2.		
3.		
4.		
5.		
6.