MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            21 April 1999 
	DOCKET NUMBER:   AC97-10235
				   AR1998014043

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Gary F. Garaets		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)

APPLICANT REQUESTS:  That his dishonorable discharge be upgraded.

APPLICANT STATES:  That while serving in Panama he was exposed to excessive abuse of alcohol and marijuana which led to problems of a psychological nature which in turn lead him into all sorts of disciplinary problems.
He is only attempting to be exonerated to some degree before he passes on.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the record of his trials by courts-martial.

He enlisted in the Regular Army on 7 December 1939.

Between July 1942 and February 1943, the applicant was convicted by a summary court-martial on three occasions for failure to repair and being absent without leave; for being absent without leave (AWOL) for 4 days and for being drunk in a public place; and for being absent from his place of duty and failure to repair, respectively. 

On 29 March 1943, the applicant was convicted by a general court-martial of absenting himself from his place of duty, breaking restriction, and escaping confinement.  He was sentenced to a dishonorable discharge, to forfeit all pay and allowances, and to be confined at hard labor for 4 years.  

On 4 June 1943, the applicant was convicted by a general court-martial of willfully destroying government property.  He was sentenced to a dishonorable discharge, to forfeit all pay and allowances, and to be confined at hard labor for 10 years.

A Data for First Clemency Consideration form, dated 17 December 1945, notes “His service record shows eight previous trials by courts-martial for violations of the 61st, 69th and 96th Articles of War.”  The opinion of the psychiatrist noted “constitutional psychopatic inferiority, emotional instability and chronic alcoholism…Mentally responsible…No evidence of psychosis.”  His civil record noted convictions for drunken driving and drunk (sic).  Also noted was “excessive drinking since 1939; a few marijuanas (sic).”

The applicant’s record of separation is not available.

On 15 August 1996, an Annual Forensic Update prepared by the U. S. Department of Justice, Federal Bureau of Prisons, noted the applicant had been charged with Threatening the President of the United States which allegedly occurred between 19 May and 17 June 1993.  He was found to be not guilty by reason of insanity.  He had been admitted to the Mental Health Division of the Federal Correctional Institution in Butner, NC on 1 August 1994 for treatment to reduce the risk of danger to others if he were released.  It was noted that he had displayed symptoms of severe mental disorder since 1971 when he was 53.  A diagnosis of Antisocial Personality disorder was made based on the pattern of behavior he had displayed for about 50 years.

Title 10, United States Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

3.  Although a psychiatrist did note around December 1945 that the applicant had exhibited excessive drinking since 1939 and had a civil record of some marijuana use, he also noted that the applicant was mentally responsible and had shown no evidence of psychosis.  The applicant has supplied no evidence to show that he was not mentally responsible at the time of the incidents that led to his discharge.

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

__CMF___  __SK____  __GFG___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC97-10235/AR1998014043	
SUFFIX		
RECON		
DATE BOARDED	19990421	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.