MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            24 November 1998 
	DOCKET NUMBER:   AC98-11346

	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.	Loren G. Harrell		Director	
	Ms.	Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Mr.	George D. Paxson		Chairperson	
	Ms.	Celia L. Adolphi		Member	
	Mr.	Robert W. Garrett		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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)

APPLICANT REQUESTS:  That his general discharge be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that while he was in the Army, he was suffering from post traumatic stress disorder (PTSD) and that he went AWOL as a result of his illness.

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

On 16 October 1968, he enlisted in the Army for 3 years in the pay grade of E-1. He successfully completed his training as a general vehicle repairman and on 13 March 1969, he was transferred to the Republic of Vietnam.  On 23 March 1970, he returned to the Continental United States and he was assigned to Fort Benning, Georgia.  He was honorably discharged and he immediately reenlisted on 4 August 1970 after he completed 1 year, 9 months and 19 days of total active service.  

The applicant went AWOL from 28 May until 11 June 1971, from 21 June until 26 June 1971, and from 12 July until 13 August 1971.  Charges were preferred against him for the AWOL offenses. 

On 25 August 1971, after consulting with counsel, the applicant submitted a request to be discharged under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  Along with his request, he submitted a statement in his own behalf indicating that he got into trouble with the law and he was given an ultimatum to enlist in the Army or to go to jail and he chose to enlist in the Army.  He stated that he started drinking heavily in order to cope with military life.  He continued by stating that he was told by his commanding officer that he would help him to get out of the Army, however, it would take at least 90 days.  He stated that he went AWOL again because 90 days was too long and he went home and got a job because he needed to help his family and himself.  He further stated that he was doing fine until his father committed suicide and he got into trouble.  He concluded by stating that he had taken everything into consideration, the type of discharge that he may receive and how it could affect his life, however he still believed that a chapter 10 discharge would be in his best interest and if he did not receive the chapter 10, he would go AWOL again.  The request for discharge was disapproved.  The commander cited as his reason for the denial that further attempts to rehabilitate the applicant were warranted.

The applicant was convicted by a special court-martial on 23 September 1971, of the three specifications of AWOL.  His sentence consisted of confinement at hard labor and a reduction in pay grade.
Charges were again preferred against the applicant and he was referred to a summary court-martial on 24 April 1972.  He was charged with being AWOL from 23 December 1971 until he surrendered to military authorities on 24 April 1972.  

The applicant was notified that charges were pending against him and on 1 May 1972, after consulting with counsel, he submitted another request to be discharged under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court martial.  Along with his request for discharge, he submitted a statement in his own behalf requesting that he be discharged because he could not support his family on $288.00 a month and all that he could do was to think about going AWOL.  He further stated that he was going to live a happy life even if he had to go AWOL again.

The applicant underwent a separation medical examination on 30 May 1972 and he indicated that there had been no change in his medical condition since his last separation examination.

The company commander recommended that the applicant’s request for discharge be approved with the issuance of a Undesirable Discharge Certificate. However, the commanding general approved the request for discharge with the issuance of a General Discharge Certificate.  Accordingly, on 31 May 1972, he was discharged under honorable conditions, under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  He had completed 3 years, 3 months and 15 days of total active service.

A review of the available records fails to reveal that the applicant was ever diagnosed as having PTSD while he was in the Army.

There is no evidence of record that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge.

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.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  There is no evidence of record nor has the applicant submitted any evidence to support his contention that he was suffering from PTSD while he was in the Army.  He went AWOL on numerous occasions and admitted that he would to continue to go AWOL if he had to remain in the Army.  He wanted to get out of the Army and he was released under honorable conditions.

4.  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 the aforementioned requirement.

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

__gp  ___  __rwg___  ___cla __  DENY APPLICATION

						Loren G. Harrell
						Director