| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. John E. Denning | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by upgrading his discharge to general, under honorable conditions.
APPLICANT STATES: In effect, that he had a drug problem and was never afforded any treatment, rehabilitation or counseling. He contends that he never had a drug problem prior to his enlistment, that he never gave the Army any trouble until approximately the last six months of his enlistment and that he has been drug free since 1998.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional documents prepared to reflect the Board's previous considerations of the case (AR1999029073) on
13 January 2000 and the case (AR2000048975) on 27 February 2001.
The applicant submits a Certificate of Recognition, dated 11 December 1999, for the Spiritual Training and Education Program as prescribed by the San Diego Rescue Mission.
The applicant submits a narcotic addict evaluation, dated 24 July 2001, from the Quest Therapeutic Community, which describes positive progress in his treatment programs and recommendations for his aftercare program.
He submits a completion certificate, dated 7 July 1999, for Relapse Prevention as prescribed by the San Diego Rescue Mission; a certificate of completion, dated 24 May 2001, for Anger Management; and a completion certificate, dated 31 July 1999, for Chemical Dependency as prescribed by the San Diego Rescue Mission.
He also submits a report of General Educational Development (GED) test results, dated 11 February 1997, which was previously considered by the Board; and a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 25 November 2001, which includes a letter of explanation.
The applicant’s submissions are new evidence and argument that require Board consideration.
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.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for 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 that was not in the record at the
time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
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 had a drug problem and was never afforded any treatment, rehabilitation or counseling, is without merit. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was diagnosed as drug dependent by military officials prior to his discharge for misconduct. The applicant’s only evidence of drug possession occurred when he was arrested by civil authorities.
2. His contention that he never gave the Army any trouble until approximately the last six months of his enlistment is not supported by the evidence of record. Evidence of record shows that the applicant received four nonjudicial punishments between 30 August 1974 and 17 May 1976. His records also show that he was absent without leave from 18 June 1976 to 23 June 1976 and from 25 July 1977 to 30 August 1977.
3. The Board also considered the applicant’s contention that he has been drug free since 1998 and his post service achievements which are supported by the documentation provided with his application. However, good post service conduct alone is not a basis for upgrading a discharge.
4. The Board reviewed the applicant’s record of service which included four nonjudicial punishments, one civil conviction and 396 days lost and determined that his record of service was not satisfactory.
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
JNS_____ BJE____ JED____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2001064911 |
| SUFFIX | |
| RECON | AR2000048975 – 20010227 |
| DATE BOARDED | 20020214 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19771206 |
| DISCHARGE AUTHORITY | 635-200 Chapter 14 |
| DISCHARGE REASON | Misconduct – Conviction by civilian authorities |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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