Search Decisions

Decision Text

ARMY | BCMR | CY1990-1993 | 9107175
Original file (9107175.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Reconsideration of his previous request to correct his records by upgrading his discharge.
APPLICANT STATES : In effect, that when he returned from Vietnam alcoholism impaired his ability to make reasonable decisions and judgments and that he now knows he made a terrible mistake.

COUNSEL CONTENDS : In effect, that the applicant was a combat soldier in Vietnam who has realized his mistakes and should be granted relief.

 NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case on 12 August 1992 (COPY ATTACHED).

The contention that he was impaired due to alcoholism when he returned from Vietnam and that he was not himself constitutes new argument.

Evidence of record shows that the applicant went AWOL just 2 months after his induction and prior to his assignment to Vietnam. While the applicant served in Vietnam without incident he accumulated 449 days of lost time after his return.

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 testified at his trial that after he returned from Vietnam he fell in love with a woman who had seven children. She had medical problems and was attempting to obtain a divorce. While AWOL he worked part of the time and cared for her and her children.

2. There is no evidence of record that the applicant was impaired by alcohol and that he could not both tell right from wrong and adhere to the right, or that the discharge resulted from diminished capacity due to alcohol.

3. Furthermore, the applicant offered no evidence to substantiate his implied claim that he was so incapacitated by alcohol that he could not tell right from wrong, nor does he offer any evidence to support the conclusion that he would have accepted and successfully completed treatment had it been offered.

4. Prior to reaching the determination that it was not in the interest of justice to excuse the failure to timely file, the Board looked at the entire file. It was only after all other aspects had been considered and it had been concluded that there was no basis to recommend a correction of the records that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year time limit. The Board has never denied an application simply because it was not submitted within the required time.
5. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

________ ________ ________ DENY APPLICATION




                                                      Loren G. Harrell
                                                      Director

Similar Decisions

  • ARMY | BCMR | CY1990-1993 | 9306188

    Original file (9306188.rtf) Auto-classification: Denied

    Army Regulation 15-185, paragraph 10c provides, in pertinent part, that reconsideration of a Board decision will be made when additional evidence or other matter including, but not limited to factual allegations or arguments, that were not previously available to the Board has been submitted. The Board notes the applicant’s receipt of his GED and his intentions to rehabilitate to include being alcohol free, however, these unsubtantiated contentions do not demonstrate an error of an...

  • ARMY | BCMR | CY1990-1993 | 9305411

    Original file (9305411.rtf) Auto-classification: Denied

    NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 31 March 1993 (COPY ATTACHED).The applicant’s claim that the FSM died of a Vietnam related condition and that he was discharged unjustly is new evidence. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the...

  • ARMY | BCMR | CY1995 | 9506062C070209

    Original file (9506062C070209.TXT) Auto-classification: Denied

    There is no evidence of record that the applicant was so impaired by alcohol problems that he could not both tell right from wrong and adhere to the right, or that the discharge resulted from diminished capacity due to alcohol. The applicant was discharged for his misconduct and alcoholism is not normally accepted as a defense. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within...

  • ARMY | BCMR | CY1990-1993 | 9107374A

    Original file (9107374A.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The discharge review board (DRB) can only accept a request that is submitted within 15 years of the date of the discharge. 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:

  • ARMY | BCMR | CY1990-1993 | 9107374

    Original file (9107374.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The discharge review board (DRB) can only accept a request that is submitted within 15 years of the date of the discharge. 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:

  • ARMY | BCMR | CY2001 | 2001052466C070420

    Original file (2001052466C070420.rtf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY2008 | 20080018405

    Original file (20080018405.txt) Auto-classification: Denied

    Also incorporated herein are the military records which were summarized in the original consideration of his request to upgrade his discharge by the ABCMR in Docket Number AC93-11075, on 26 April 1995, wherein the Board carefully considered the applicant's entire service record as well as the evidence he submitted. With regard to his new issues, the Board determined that the applicant's records should be corrected to show his overseas service in Germany, but not to change the reason for his...

  • ARMY | BCMR | CY2001 | 2001054176C070420

    Original file (2001054176C070420.rtf) Auto-classification: Denied

    NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case (AR1999032774) on 1 August 2000. It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as...

  • ARMY | BCMR | CY1980-1989 | 8309608A

    Original file (8309608A.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. He indicates that he had a mental health evaluation that found him to be immature and undisciplined due to coming from a deprived background. 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:

  • ARMY | BCMR | CY2010 | 20100020508

    Original file (20100020508.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 24 March 2011 DOCKET NUMBER: AR20100020508 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His contentions (all his problems were caused from drinking, he was drinking to cope with the stress of Vietnam and his injuries, he began drinking to help him sleep and forget, he believes this was the beginning of PTSD but he did not know what was wrong with him, he was not offered any mental health counseling, and he wants to obtain DVA benefits based on his combat...