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Decision Text

ARMY | BCMR | CY1990-1993 | 9308825
Original file (9308825.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Reconsideration of his previous request to correct his records by upgrading his undesirable discharge (UD).
APPLICANT STATES : In effect, that he was young and immature when he was drafted into the Army.

COUNSEL CONTENDS: Counsel concurs in the applicant’s presentation and requests that all reasonable doubt be resolved in the applicant’s favor.

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 15 September 1993. (COPY ATTACHED).

The applicant contends in a written statement that problems since his discharge, including going in and out of drug rehabilitation, incarceration, being married and then separated, and finally having almost died from a stroke has prevented him from getting his records corrected.

He contends that because he was young that the introduction of drugs and alcohol led him to form a habit. This habit led him to forget he was in the Army and he would go AWOL. The decision he says to request a discharge for the good of the service in lieu of court-martial was irrational.

The applicant was discharged, under the provisions of chapter 10, Army Regulation 635-200 for the good of the service in lieu of trial by court-martial. He had 7 months and 5 days of active duty creditable service and 460 days of lost time.

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’s contention that he was young and immature is outweighed by the fact that he was qualified for service by virtue of his age and education.

2. There is no evidence that the applicant sought help from the Army regarding rehabilitation, on the contrary, by the applicant’s own admission he continued drugs and alcohol for many many years after his discharge from the Army.

3. Considering the entirety of the case, the applicant’s past and present contentions are insufficient to establish that there was an error or injustice regarding the procedures of his discharge or the type of discharge he received.

4. 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.

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

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

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