MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            9 December 1998                  
	DOCKET NUMBER:   AC98-12306

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 rank of Sergeant, E-5 be restored.

APPLICANT STATES:  He was suffering from Post Traumatic Stress Disorder (PTSD).  He served two tours in Vietnam with the Rangers and could not take peace time.

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

He initially enlisted in the Regular Army on 3 February 1969.  He served two tours in Vietnam where he served as a Scout Observer/Senior Scout Observer/Squad Leader with the 75th Infantry (Rangers).  He was honorably separated on 2 December 1971.  His awards and decorations had included the Combat Infantryman Badge, the Air Medal, and the Bronze Star Medal.  He reenlisted in the Regular Army on 30 September 1972 for 4 years.

On 7 November 1973, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) from 1 October – 5 November 1973.  His punishment was a forfeiture of $95 pay for 1 month and 14 days restriction.

On 19 December 1973, the applicant was convicted by a special court-martial of disrespect towards a superior officer and disobeying a lawful command.  He was sentenced to be reduced to pay grade E-1, to forfeit $200 pay for 2 months and to be confined at hard labor for 2 months.

While in confinement, the applicant was recommended for discharge under the provisions of Army Regulation 635-200 for unfitness because of an established pattern of shirking.  

On 15 February 1974, the applicant was advised by counsel of the basis for the recommended action.  He waived consideration of his case by a board of officers, waived personal appearance before such a board, submitted no statement in his own behalf and waived representation by counsel.

On 21 February 1974, the appropriate authority approved the recommendation and directed he be issued a General Discharge Certificate.

On 25 February 1974, the applicant was discharged with a general discharge, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 13.  He had completed 3 years, 11 months and 13 days of creditable active service and had 103 days of lost time.

Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel.  Chapter 13, then in effect, contained the policy and outlined the procedures for separating individuals for unfitness when they were involved in frequent incidents of a discreditable nature with civil or military authorities and it was established that further efforts at rehabilitation were unlikely to succeed or they are not amenable to rehabilitation measures.

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

In 1996, the VA increased the applicant’s entitlement for PTSD from 50 percent to 100 percent disabling.  The documentation accompanying that decision notes that his PTSD was diagnosed in February 1982.

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.	Trial by court-martial was warranted by the gravity of the offenses charged considering the applicant’s grade and years in service.  He was appropriately reduced to the lowest enlisted grade in conjunction with his sentence to confinement.

2.  The applicant’s administrative separation was then accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize is rights.

3.  The applicant has submitted no evidence to show that PTSD was the cause of the incidents for which he was court-martialed.  VA documentation notes that his PTSD was diagnosed in February 1982, eight years after 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

JH______  FNE_____  TBR_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12306	
SUFFIX		
RECON		
DATE BOARDED	19981209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	133.00	
2.		
3.		
4.		
5.		
6.