MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           4 February 2003                  
	DOCKET NUMBER:   AR2002078683

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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 be upgraded.

APPLICANT STATES:  In effect, he would like to have his discharge upgraded to be able to display it to his family and friends.  He states that he was at his duty station for less than a year and yet got the "worst possible discharge".  He states that he deserves justice.  He contends that the letters of support and reference he submits shows that he warrants an upgrade.

The statements submitted on behalf of the applicant describe him as a hardworking church going man with a devotion to survive.  They consider him an asset to his community and a man who has a positive attitude and is willing to do a little bit more than is required of him. 

Also submitted are copies of post service education and training certificates, a general education development (GED) certificate, a Certificate in Carpentry, a Small Water Systems Certificate, and a community college certificate in Welding.

COUNSEL CONTENDS:  Counsel offered no additional arguments or contentions beyond that submitted with the application.

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

The applicant entered active duty on 13 February 1976.  He completed basic combat training and advanced individual training without reported incidents. 

On 30 March 1977, the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for two counts of driving under the influence of alcohol.

On 16 May 1977, the applicant's company commander referred him to the Army Drug and Alcohol Prevention and Counseling Program (ADAPCP) for drug and alcohol rehabilitation.  The applicant was found nondependent and placed in a halfway house program.

Following the applicant's ADAPCP, the applicant received a NJP for illegal use of drugs on 20 May 1977.

The applicant was also afforded a rehabilitative transfer due to the confidential nature of his enrollment in ADAPCP. 

The applicant received two NJPs for being absent without leave (AWOL) 1 day and 3 days respectfully on 22 September 1977 and 29 September 1977.

On 8 October 1977, the applicant made a suicidal gesture by cutting both of his wrists.  As a result of the suicide gesture, the applicant was hospitalized and referred to psychiatry for evaluation.  

A Report of Mental Status, dated 13 October 1977, shows that the applicant was free of any psychosis or severe neurosis that would preclude administrative separation.  In a handwritten addition it was noted that the applicant had a passive dependant personality. 

On 19 October 1977 the applicant's unit commander initiated discharge proceedings under the provisions of Army Regulation 635-200, paragraph         13-5a(1) for misconduct, frequent involvement of discreditable nature with authorities.  The unit commander cited the applicant's history of 4 NJPs and 13 negative counseling statements (7 for failure to repair, 4 for wearing his uniform improperly, 1 for driving with revoked privileges, and 1 for the attempted suicide) not related to the NJPs, as reason for discharge.

On 21 October 1977, he acknowledged and waived rights to have his case reviewed by a board of officers, to have counsel, or to submit a personal statement on his own behalf. 

On 25 October 1977, the applicant received a fifth NJP, for 1 day AWOL, failure to obey a lawful order, and breaking restriction.

On 8 November 1977, a line of duty determination was made that the applicant's attempted gesture was not in the line of duty.  It also noted the applicant was AWOL at the time.

The applicant's record shows that he was AWOL from 7 through 10 November 1977.

The discharge authority approved the discharge recommendation and directed that the applicant receive an Undesirable Discharge Certificate.  

The applicant was discharged on 11 November 1977, under other than honorable conditions under the provisions of Army Regulation 635-200, paragraph 13-5a(1).  He had 1 year, 8 months, and 21 days of creditable service with 8 days lost due to AWOL.

The Army Discharge Review Board denied his request for an upgrade on 16 July 1980.

Army Regulation 635-200 sets forth the policy and prescribes the procedures for administrative separation of enlisted personnel.  Paragraph 13-5a(1) provided for the separation for misconduct, frequent incidents of a discreditable nature.  A discharge under other than honorable conditions is normally considered appropriate.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.

2.  The Board notes the applicant’s post service activities, however, these activities are not so exceptionally meritorious as to outweigh the offense that resulted in his discharge especially in light of the fact that his military record is devoid of significant service.

3.  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.

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

_MHM___  __CLG__  __RJW __  DENY APPLICATION

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

INDEX

CASE ID	AR2002078683	
SUFFIX		
RECON		
DATE BOARDED	20030204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144	
2.		
3.		
4.		
5.		
6.