MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 May 2002
         DOCKET NUMBER: AR2002068363

         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. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Kenneth W. Lapin		Member
Mr. John T. Meixell		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)

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APPLICANT REQUESTS: In effect, that his Report of Transfer or Discharge, DD Form 214, be corrected to show he was discharged due to alcoholism.

APPLICANT STATES: That he is applying for Department of Veterans Affairs benefits and he just learned that his records did not indicate his alcoholism as the reason for his discharge. He provides his two DD Forms 214 as supporting evidence.

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

He enlisted in the Regular Army on 15 November 1963. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 131.00 (Armor Crewman). He was honorably discharged on 16 November 1964 for the purpose of immediately reenlisting on 17 November 1964.

On 15 May 1964, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) and for being in improper uniform. (This Article 15 is not on file but is noted in the separation packet). On 31 December 1964, he accepted NJP under Article 15, UCMJ for bringing a German National female on the kaserne without an appropriate permit or pass. On 23 February 1965, he accepted NJP under Article 15, UCMJ for absenting himself from his unit from 14 to on or about 15 February 1965.

On 4 June 1965, the applicant received a psychiatric evaluation after he was referred by his unit dispensary doctor after stealing a car and claiming partial amnesia. When interviewed, the applicant claimed all he remembered was that he was with another man at the enlisted club and had been drinking. He refused to submit to both psychological testing and a sodium amytal interview. A neurological examination was performed and no neurological deficits were found. No evidence of either mental illness or organic brain disease was found; however, the examining physician noted the examination was somewhat incomplete because the applicant refused to cooperate in psychological testing. An EEG was ordered and if any significant data came from that examination it would be attached (nothing relating to an EEG was attached). The examining physician psychiatrically cleared the applicant for any judicial and/or administrative action deemed necessary.

On 2 July 1965, the applicant was convicted by a special court-martial of being AWOL from 1 to on or about 3 June 1965, of wrongfully appropriating a privately

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owned vehicle, and of not having his identification card in his possession at all times. He was sentenced to forfeit $50.00 pay for 3 months and to be confined at hard labor for 3 months.

On 22 July 1965, the applicant completed a separation physical and was found qualified for separation.

On 5 August 1965, the applicant’s commander recommended he be separated under the provisions of Army Regulation 635-208 for unfitness. Several statements from the applicant’s supervisors and section chiefs were attached to the recommendation. The commander noted that the applicant initially performed satisfactorily as a cook but began to drink heavily and his performance of duty fell off markedly. The commander decided to reassign the applicant to his primary MOS of tank crewman. The applicant indicated that he resented the change and would not perform well outside the mess hall. The company executive officer noted that the applicant showed definite signs of excessive drinking beginning about April 1965. Most other statements mentioned the applicant’s drinking.

The applicant was advised of the basis for the recommended action. He did not request a hearing before a board of officers and elected not to submit a statement in his own behalf.

On 24 September 1965, the appropriate authority approved the recommendation and directed the applicant be issued an Undesirable Discharge Certificate.

On 7 October 1965, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness, with an undesirable discharge under other than honorable conditions. He had completed 1 year, 7 months, and 20 days of creditable active service and had 93 days of lost time (3 days AWOL and 90 days confinement).

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness. The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following: frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.

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Army Regulation 635-200 is the current regulation that governs the separation of enlisted soldiers. Chapter 9, Alcohol or Other Drug Abuse (Exemption Policy) was established with the regulation version effective 1 February 1978. It noted that offenses of alcohol or other drug abuse which are not exempt under Army Regulation 600-85 may properly be the basis for discharge proceedings under chapter 14 (misconduct).

Army Regulation 600-85 prescribes policies and procedures needed to implement and operate the Army Alcohol and Drug Abuse Prevention and Control Program (ADAPCP). In pertinent part, it states that limited use prohibits the use of certain evidence against a soldier in actions under the UCMJ or on the issue of characterization of service in separation proceedings. That evidence is mandatory urine or alcohol breath test results taken to determine a soldier’s fitness for duty; a soldier’s self referral to ADAPCP; information concerning drug or alcohol abuse provided voluntarily by a soldier as part of his or her initial entry into ADAPCP; admissions made by a soldier enrolled in ADAPCP to a physician or ADAPCP counselor during a scheduled interview; or information concerning drug or alcohol abuse incidental to personal use obtained as a result of emergency medical care.

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. 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.

2. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. The reason for his separation, unfitness, was appropriate considering his record of service.

3. Separations specifically for alcohol or drug abuse did not come into effect until 1978. Even so, offenses of alcohol or other drug abuse which are not exempt under Army Regulation 600-85 may properly be the basis for discharge proceedings for misconduct. There is no evidence of record to show the applicant’s misconduct would have met any of the current exemption criteria.

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

__sac___ __kwl___ __jtm___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002068363
SUFFIX
RECON
DATE BOARDED	20020607
TYPE OF DISCHARGE	UD
DATE OF DISCHARGE	19651007
DISCHARGE AUTHORITY	AR 635-208
DISCHARGE REASON	A51.00
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.