PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:          16 September 1999
	DOCKET NUMBER:   AC94-10957A
				   AR1999014724

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Van B. Cunningham		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                       records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2. Applicant requests reconsideration of his previous application to correct his records by upgrading his discharge.  He contends, in effect that his Vietnam service which ended in medical evacuation for combat wounds and for which he received the Purple Heart and the Combat Infantryman Badge (CIB) and the suffering he has endured as the result of post traumatic stress disorder (PTSD) and related substance abuse outweighs his misconduct.  He submits recent medical records to show that he has been treated for PTSD, for substance abuse and for related illnesses including acquired diabetes due to destruction of his pancreas by alcohol abuse. 

5.  When the applicant was being separated under Army Regulation 635-200, Chapter 10 the Commander, Headquarters Command, US Army Training Center, Fort Dix, New Jersey (an Infantry colonel) recommended that the applicant be separated with a general discharge due to his record as a wounded combat  infantryman.  He sighted paragraph 1-9(d)(e) as authority for doing so.  The Staff Judge Advocate (SJA), a colonel, concurred in that recommendation.  Without acknowledging those recommendations for the record, the separation authority signed a prepared endorsement that directed the issuance of an Undesirable Discharge Certificate.
    
4.  The Memorandum of Consideration of this Board’s 24 December 1997 review of the applicant’s request is incorporated herein by reference as if wholly set forth. 

5.  Although the Board does not deny requests based solely on the failure to timely file, failure to address the merits of the applicant’s issue of post service behavior and conduct was contrary to established policy, both then and currently.  The applicant’s supporting documents indicated that he had achieved considerable vocational success up until the late 1980s when his substance abuse began to take its toll.  He underwent treatment in and commenced recovery in 1987, but has relapsed several times and generally ruined his health.  Current medical records indicate his PTSD apparently went untreated until 1992.
  
CONCLUSIONS:

1.  The separation authority’s approval of the applicant’s for discharge without addressing (for the record) the considered recommendations forwarded by his subordinate commander and SJA were an abuse of discretion. 

2.  In view of all the aspects of the case, the Board considers that the applicant’s combat service which ended with his wounding and for which he was awarded the CIB and the Purple Heart outweighs his record of misconduct.  The undesirable discharge was and is unduly harsh and should be changed.

3.  However, the applicants repeated AWOLs preclude the issuance of an honorable discharge.  His service should, therefore, be characterized as having been served under honorable conditions.  A general discharge is appropriate.

4.  The applicant’s post service history and the evidence of support of his request is acknowledged.  However, in light of his total lost time, these factors are insufficient as a basis for greater relief.

5.  In view of the foregoing findings and conclusions, correcting  the applicant’s records as recommended below would rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by voiding the undesirable discharge dated 31 March 1971 currently held by the individual concerned, and by issuing him a new DD Form 214 and a General Discharge Certificate of the same date.

2. That so much of the application as is in excess of the foregoing be denied.
           
BOARD VOTE:

__MMD__  __SVW__  _VBC __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

 
		__Melinda M. Darby_____
		        CHAIRPERSON

INDEX

CASE ID	AC94-10957A
AR1999014724	
SUFFIX		
RECON		
DATE BOARDED	19990916	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19740924	
DISCHARGE AUTHORITY	AR 635-200, chapter 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	GD	
REVIEW AUTHORITY	GD	
ISSUES         1.	A70.00	
2.		
3.		
4.		
5.		
6.