MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            6 May 1999
	DOCKET NUMBER:   AR1999022626

	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. Fred N. Eichorn		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Carol Jo Suiter		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 bad conduct discharge (BCD) be upgraded to a general discharge.

APPLICANT STATES:  That he had one period of good service and he served in Vietnam.  He further states that he went AWOL because he had personal family problems and that he was suffering from post traumatic stress disorder (PTSD).

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

On 8 June 1965, he enlisted in the Army for 3 years in the pay grade of E-1 and he successfully completed his training as a light vehicle mechanic.  He was honorably discharged on 7 June 1966 after he completed 1 year of total active service.  On the following day he reenlisted for 6 years.

The facts and circumstances surrounding the applicant’s discharge are not available.  However, the available records indicate that on 22 August 1969, the applicant was convicted by a general court-martial of being AWOL from 2 September 1968 through 23 June 1969 and from 29 June through 19 July 1969.  His sentence consisted of a BCD, confinement at hard labor and a forfeiture of pay.

The records also indicated that the applicant was convicted by a general court-martial on 10 December 1969 while he was in confinement and that he had nonjudicial punishment (NJP) imposed against him on at least one occasion during this period of service.

On 12 January 1970, he was discharged under other than honorable conditions under the provisions of Army Regulation 623-200, chapter 11 as a result of his court-martial conviction.  He had completed 3 years, 3 months and 11 days of total active service and he had 478 days of lost time due to AWOL and confinement.  He was issued a BCD certificate.

The applicant’s medical records are unavailable for review.  However, a review of the available records fails to show that the applicant was ever diagnosed as having PTSD or that he had family problems while he was in the Army.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation states, in pertinent part, that a member will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial, after completion of appellate review and after such affirmed sentence has been ordered duly executed.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

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.  He was twice convicted by a general court-martial and he had NJP imposed against him on at least one occasion.  There is no evidence of record nor has the applicant submitted any evidence to support his contentions of personal family problems or PTSD. 

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

___cs___  ___fe____  __ewl___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022626	
SUFFIX		
RECON		
DATE BOARDED	1999/05/06	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1970/01/12	
DISCHARGE AUTHORITY	AR365-200	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100/A71.00	
2.  815	144.9225/A92.25	
3.		
4.		
5.		
6.