MEMORANDUM OF CONSIDERATION


         IN THE CASE OF
        


         BOARD DATE: 9 September 2003
         DOCKET NUMBER: AR2003088918

         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. Victoria A. Donaldson		Analyst

The following members, a quorum, were present:

Ms. Shirley Powell		Chairperson
Mr. Thomas A. Pagan		Member
Mr. Walter T. Morrison		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 undesirable discharge be upgraded to a general (under honorable conditions) discharge.

APPLICANT STATES: That, in effect, he entered the military without medical problems due to controlled substances (illegal drugs) and that he became addicted to morphine because of a service related injury. The applicant further states that he tried to overcome this problem by seeking treatment while in the service and that he did not receive the correct treatment.

The applicant provided the following in support of his claims: a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 26 June 1972; a VA Form 21-4138 (Statement In Support of Claim); and the second page of a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States).

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

The applicant enlisted on 31 December 1969 for a period of three years. He successfully completed Basic Combat Training and Advanced Individual Training and was awarded military occupational specialty 11B (light weapons infantryman).

On 7 February 1972, nonjudicial punishment was imposed against the applicant for abandoning his guard position. His punishment consisted of restriction to the company area for 14 days and forfeiture of $77.00 for a period of one month.

On 28 February 1972, nonjudicial punishment was imposed against the applicant for being absent without leave (AWOL) for the periods 22 February 1972 through 23 February 1972; 25 February 1972 through 28 February 1972; and 28 February 1972 through 28 February 1972. His punishment consisted of reduction in grade to private E-1, 14 days extra duty, restriction to the company area for 14 days and forfeiture of $67.00 for a period of one month.

The applicant's DD 214 shows that he had the following periods of lost time:
14 September 1971 through 23 November 1971; 25 February 1972 through 27 February 1972; and 3 May 1972 through 21 June 1972.

The facts and circumstances pertaining to the applicant's discharge are not on file. The DD Form 214 indicates that the applicant was discharged on 26 June 1972, under chapter 10 of Army Regulation 635-200, for the good of the service, and was issued an Undesirable Discharge Certificate.

He had served 2 years, 3 months and 3 days of active service and had 152 days of lost time due to AWOL and civil confinement.

On 15 March 2003, the Army Discharge Review Boards Agency (ADRB) returned the applicant’s request to change the character and/or reason for his discharge without action. The ADRB notified the applicant that they could not review his request because he did not seek relief within the ADRB's 15 year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate.

Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual.

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.

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 Board considered the applicant’s contention that that he entered the military without medical problems due to controlled substances (illegal drugs) and that he became addicted to morphine because of a service related injury.

2. The Board reviewed the applicant's service records and determined that there is no evidence that the applicant was injured and was treated with morphine. Further there is no evidence that the applicant was referred to or sought treatment and/or received treatment for a substance abuse problem. Therefore, this contention is without merit.

3. The Board reviewed the applicant’s record of service which included two nonjudicial punishments and 152 days of lost time and determined that his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel. The Board also determined that his service was not satisfactory. Therefore, the applicant is not entitled to an honorable discharge or a general discharge.

4. The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.

5. The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.

6. 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.

7. 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

__SP __ ___TAP _ __WTM _ DENY APPLICATION

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

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INDEX

CASE ID	AR2003088918
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.