MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:           

	BOARD DATE:            25 February 1999
	DOCKET NUMBER:   AR1999019706

	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. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Samuel Calderon		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 discharge under other than honorable conditions be upgraded to honorable.  

APPLICANT STATES:  That he had an excellent military record until he started using drugs in Vietnam.  He contends that when he returned to the States he continued using drugs and had a problem adjusting.  He also contends that he was arrested, sent to a civilian correctional facility and the Army sent him an undesirable discharge.  He goes on to state that he appeared before the “Board of Review” in 1969 and continued to have a drug abuse problem for the following 16 years.  However, for the last 12 years he has been clean and sober and has maintained employment with the same employer for 9 years.  

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

He enlisted in the Naval Reserve on 28 October 1964 and was honorably discharged on 26 April 1965 for enlistment in the Regular Army.  He entered active duty on 28 April 1965 for a period of 3 years, successfully completed his training and was transferred to Fort Eustis, Virginia, for duty as a longshoreman.  On 20 October 1965 he was transferred to Okinawa and then sent to Vietnam where he served as a longshoreman helper and signalman and was advanced to E-4.  He returned to the United States on 10 November 1966 for assignment at Fort Dix, New Jersey.

The applicant’s personnel records show that nonjudicial punishment (NJP) was imposed against him on 2 February 1967 and he was reduced to the pay grade of E-3.

On 3 March 1967 NJP was imposed against the applicant for being AWOL from his appointed place of duty.  His punishment consisted of 9 days of restriction.

The applicant’s third NJP was imposed on 1 May 1967 for disobeying a lawful order and being out of uniform.  His punishment consisted of a forfeiture of pay and 14 days of extra duty and restriction.

On 10 May 1967, NJP was again imposed against the applicant for being absent from formation and driving an unregistered vehicle on post.  His punishment consisted of a forfeiture of pay and 14 days of extra duty and restriction.
     
On 5 July 1967 the applicant was convicted by summary court-martial of two specifications of AWOL (26 May 1967 to 29 May 1967; and 7 June 1967 to
15 June 1967).  His punishment consisted of restriction for 30 days, forfeiture of $94.00 for 1 month and a reduction to E-2.  The convening authority approved the sentence on 5 July 1967.   

The applicant was arrested by civil authorities on 12 August 1967 for Armed Robbery and on 13 August 1967 for Breaking & Entering.  He was held in civilian confinement from 16 August 1967 until 10 September 1967.
  
The applicant received his fifth NJP on 24 October 1967 for being absent from Kitchen Police.  His punishment consisted of 14 days of extra duty and restriction. 

He went AWOL from 6 November 1967 until 28 November 1967.

He was confined by civilian authorities from 29 November 1967 until 8 December 1967.  

He went AWOL on 9 December 1967 and was arrested by civil authorities on 
15 December 1967 for Shoplifting. 

The applicant was arrested by civil authorities on 18 December 1967 for Breaking & Entering and Larceny.  He was convicted on 29 March 1968 of two counts of Breaking & Entering and Larceny; and one count of Robbery.  The sentence imposed was an indeterminate period at the Yardville Reformity in Yardville, New Jersey, on each count.  The sentences were to run concurrently.     
On 4 April 1968 the applicant’s commander initiated action to separate him from the service under the provisions of Army Regulation 635-206, for misconduct.  On 10 May 1968, while in civilian confinement, the applicant acknowledged notification of his pending separation under the provisions of Army Regulation 635-206, for misconduct.  He waived consideration of his case by a board of officers, waived representation by appointed counsel and elected not to submit a statement in his own behalf.

The appropriate authority approved the recommendation on 20 May 1968 and directed that the applicant be issued an undesirable discharge.

Although Army Regulation 635-206 was in effect when the elimination proceedings were initiated against the applicant, Army Regulation 635-200 incorporated the provisions of Army Regulation 635-206.  It was implemented and in effect at the time of his discharge.  

Accordingly, he was discharged on 11 June 1968 under the provisions of Army Regulation 635-200, for being convicted by a civil court during his current term of active military service.  He had served 2 years, 5 months, and 2 days of total active service with 256 days lost time due to AWOL and civilian confinement.

On 6 August 1968 the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge to general.  He requested a personal appearance and submitted several documents to include a letter from his parents, his Honorable Discharge Certificate from the Navy and a Certificate of Baptism.  The applicant appeared with counsel before the ADRB on 25 April 1969.  He testified in his own behalf and stated that he served over a year in Vietnam without any disciplinary actions or AWOLs, he began using drugs while in Vietnam and continued to use drugs when he returned to the States.  He contended that his disciplinary actions in the military were as result of his drug abuse.  He also contended that he got into trouble with civilian authorities because of his drug habit and was sent to a reformatory for over a year.  The ADRB determined that the applicant was properly discharged and denied his appeal on 19 May 1969. 

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 therefore were appropriate considering all the facts of the case.

3.  Careful consideration has been given to the applicant’s contentions.  However, his extensive disciplinary record, both military and civilian, are too serious, and his service was too undistinguished, to warrant relief.

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

__sc____  __jlp ____  ___ja ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019706	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/25	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1968/06/11	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  A61.00		
2.  A01.33		
3.		
4.		
5.		
6.