MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 18 November 2003
                  DOCKET NUMBER: AR2003089039

         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
Mr. Edmund P. Mercanti		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Mark D. Manning		Member
Ms. Barbara J. Ellis		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: That his undesirable discharge be upgraded to fully honorable.

APPLICANT STATES: That he performed his duties and carried out his responsibilities in a military manner. He admits that he broke under the stress of a bad marriage, a pregnant girlfriend, and a drinking problem. The reasons he broke down was simple immaturity. He did not have the advantages others seemed to possess. He did not have a father figure when he grew up, and was run over by a drunk driver in 1959, an accident in which he suffered head and brain trauma which have affected him throughout his life. He believes that although he could have done better while in the service, his characterization of service should reflect his effort at trying to be a good soldier.

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

He enlisted in the Regular Army on 7 March 1975. In the physical examination he took in conjunction with his enlistment, the applicant stated that he broke his right shoulder when he was hit by an automobile when he was 6 years old. The applicant was determined to be medically qualified for enlistment without any physical profile limitations.

The applicant was awarded the military occupational specialty of heavy weapons infantryman.

On 21 August 1975, the applicant was counseled on his driving while intoxicated (DWI) arrest. The noncommissioned officer (NCO) counseling the applicant stated that the applicant continued to have a drinking problem after the counseling.

On 21 August 1975, the applicant was evaluated by the Army Drug and Alcohol Abuse Counselor who determined that his DWI was an isolated incident and was not related to alcohol or drug abuse.

On 9 September 1975, the applicant was counseled on having to be picked up from the military police (MP) station where he was being held due to his being drunk and fighting. The applicant stated that he had been drinking and the MP’s were hassling him. During the counseling, the applicant was asked if he had a drinking problem. The applicant said he didn’t have a drinking problem.






On 12 September 1975, the applicant was counseled on being drunk and refusing to get out of bed in the morning. The NCO had to get an officer to get the applicant out of bed. The NCO talked to the applicant again about possibly having a drinking problem.

On 16 September 1975, the applicant was counseled on being absent without leave (AWOL). The applicant stated that he needed to go home so he just left. Then personal problems came up.

On 23 September 1975, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for being Absent Without Leave (AWOL) on 15 September 1975.

On 24 October 1975, the applicant accepted NJP for being AWOL from 2 to 17 October 1975.

On 3 November 1975, the applicant was counseled on going AWOL on 2 October 1975. The applicant stated that he just had to get away for awhile.

On 10 November 1975, the applicant was given a mental status evaluation and was determined to be free of any significant mental illness.

On 20 November 1975, the applicant was counseled on drunkenness and fighting in the barracks. The applicant was told that he was being considered for involuntary separation due to his frequent acts of misconduct.

On 30 January 1976, the applicant’s commander notified him of his intent to recommend his involuntary discharge due to unfitness, and of his rights in conjunction with that recommendation.

The applicant, after consulting with legal counsel, waived all his rights.

On 2 February 1976, the applicant’s commander forwarded his recommendation that the applicant be involuntarily discharged due to unfitness, frequent incidents of a discreditable nature with civil or military authorities.

The appropriate authority approved that recommendation, and the applicant was issued an Undesirable Discharge Certificate on 5 March 1976.






Army Regulation 635-200 sets forth the policy and prescribes the procedures for administrative separation of enlisted personnel. Chapter 13, in effect at that time, applied to separation for unfitness and unsuitability. Paragraph 13-5(a)1 provided for the separation for unfitness, which included frequent incidents of a discreditable nature, sexual perversion, drug abuse, shirking, failure to pay just debts, failure to support dependents and homosexual acts. When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. The applicant’s separation was conducted in accordance with applicable regulations in effect at the time with no indication that any of his rights were violated.

2. The applicant’s contention that he suffered head and brain trauma when an automobile hit him in 1959 is not accepted. On his enlistment physical examination he admitted to having been hit by an automobile, but stated that the accident only resulted in his shoulder being broken. Due to the disparity between the applicant’s current statement and the statement he made at the time of his enlistment, the creditability of the statement cannot be ascertained.

3. The applicant’s contention that he performed his duties in a military manner is not accepted. He was counseled on six occasions and accepted NJP on two occasions for being AWOL, for being drunk, and for fighting. A soldier is on duty 24 hours a day 7 days a week. A soldier who is AWOL is not performing his or her duties. A soldier who cannot get out of bed because he is drunk isn’t performing his duties. A soldier who is constantly fighting is a disruption to the unit and reduces the unit’s effectiveness.

4. As for the applicant’s contention that he had a drinking problem, while he certainly had many infractions which involved drinking, he repeatedly denied having a drinking problem when asked by his superior NCO’s, and convinced an Alcohol and Drug Abuse Counselor that he didn’t have a problem with alcohol. As such, the Board does not accept this contention.








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

___mdm__ ___jns__ ____bje _ DENY APPLICATION

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

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INDEX

CASE ID	AR2003089039
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031118
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.