IN THE CASE OF:	  

		BOARD DATE:	         19 March 2009

		DOCKET NUMBER:   AR20080016665 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of an earlier request for a discharge upgrade.

2.  The applicant states, in effect, that he has submitted the necessary paperwork in support of this request for reconsideration.

3.  The applicant provides a letter from the Director of Counseling, Cape and Islands Veterans' Outreach Center, Hyannis, MA, dated 3 October 2008; and a Cape Code Hospital, Hyannis, MA, emergency room record, dated 11 November 1979 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070017298, on 25 March 2008.

2.  The applicant provides a counselor's letter and an emergency room record which were not previously reviewed by the ABCMR.  Therefore, this is new evidence and as such, warrants consideration by the Board.


3.  The applicant enlisted in the Regular Army on 30 November 1973 and upon completion of initial entry training was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  On 2 April 1974, the applicant was punished under the provisions of Article 
15 of the Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty.  The punishment consisted of forfeiture of $75.00 pay per month for one month.

5.  On 2 June 1975, the applicant was convicted by a Special Court-Martial for being disrespectful towards his superior commissioned officer, for disobeying a lawful order from his superior commissioned officer, and for disobeying a lawful order from his superior noncommissioned officer.  The punishment consisted of forfeiture of $229.00 pay per month for four months, reduction to the grade of Private (PV1)/E-1, and confinement at hard labor for four months.

6.  The facts and circumstances surrounding the applicant's discharge are not contained in the available records.  However, the applicant's DD Form 214 (Report of Separation from Active Duty) shows he was discharged on 3 July 1975 with an undesirable discharge (characterized as under other than honorable conditions) under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 13 (Separation for Unfitness or Unsuitability), paragraph 13-5a(1) by reason of Unfitness – frequent involvement of a discreditable nature with authorities.  He had served 1 year,
6 months, and 1 day of creditable active service with 33 days of lost time.

7.  The Army Discharge Review Board denied the applicant's request for an upgrade of his discharge on 7 December 1988.

8.  The letter provided as new evidence essentially states the applicant had a history of anti-social behavior prior to entering the military and should have never been accepted into the military.  This letter also suggests that the applicant's behavior may have been affected by alcohol abuse.

9.  The record of the emergency room visit shows the applicant was seen at the emergency room on 11 November 1979 due to an alcohol-related incident.

10.  There is no evidence in the applicant's personnel service record which shows that he was diagnosed or treated for alcoholism and/or drug addiction or that he sought assistance from his chain of command for either problem.



11.  Army Regulation 635-200, chapter 13, in effect at the time, established the policies and provided procedures and guidelines for eliminating enlisted personnel found to be unfit or unsuitable for further military service.  Paragraph 13-5a(1) applied to separation for unfitness based on frequent incidents of a discreditable nature with civil or military authorities.  When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.

12.  Army Regulation 635-200, paragraph 3-7b, 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.

13.  Army Regulation 635-200, paragraph 3-7a, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his discharge should be upgraded was carefully considered and determined to be without merit.

2.  The letter submitted on behalf of the applicant failed to show that his discharge was in error or unjust and should be upgraded.  Additionally, there is no evidence in the applicant's personnel service record which shows he was diagnosed or treated for alcoholism and/or drug addiction, that alcohol dependency was the cause of his indiscipline and subsequent separation, or that he sought assistance from his chain of command for either problem.

3.  The applicant's record of service included one nonjudicial punishment and a court-martial conviction.  

4.  Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct also renders his service unsatisfactory.  Therefore, the applicant is not entitled to either a general or an honorable discharge.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  __X_____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20070017298, dated 25 March 2008.



      __________X____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080016665



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ABCMR Record of Proceedings (cont)                                         AR20080016665



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