MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 November 1999                   
	DOCKET NUMBER:   AR1999028086

	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. Erin J. Olmes		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. James E. Anderholm		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 be upgraded to a general discharge.

APPLICANT STATES:  That at the time he was discharged he was suffering from acute alcoholism and nightmares and post-traumatic stress disorder from his combat duty in Vietnam.  He served honorably and he believes it would be just to take his alcoholism into account.  He provides nine letters of support as evidence.

COUNSEL CONTENDS:  Counsel makes no contention.  

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

He enlisted in the Regular Army on 8 October 1969.  He completed basic combat training and advanced individual training (AIT) and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He completed the basic airborne course.  

While in AIT, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) on one occasion for absenting himself from his place of duty.  While at the basic airborne course, he accepted NJP under Article 15, UCMJ on two occasions for failing to go to his appointed place of duty and for being drunk and disorderly, respectively.

On 17 July 1970, the applicant arrived in Vietnam, was assigned to Company B, 2d Battalion (Airmobile), 501st Infantry and performed duties as an ammunition bearer and rifleman.

On 7 January 1971, the applicant was honorably discharged for the purpose of immediately reenlisting on 8 January 1971.

On 29 January 1971, while awaiting transportation Stateside to begin his reenlistment leave, the applicant overdosed on heroin.  In a later statement he said he had never taken heroin before.  

On 31 May 1971, the applicant accepted NJP under Article 15, UCMJ for failing to go to his appointed place of duty.

On 22 June 1971, the applicant departed Vietnam.  He had been awarded the Combat Infantryman Badge, the Army Commendation Medal, and the Air Medal.

On 6 August 1971, the applicant accepted NJP under Article 15, UCMJ for failing to go to his appointed place of duty.

On 15 November 1971, the applicant was hospitalized after falling and cutting his nose while under the influence of alcohol.  Chronic alcoholism is listed in the medical diagnosis block on the DD Form 261, Report of Investigation, Line of Duty and Misconduct Status.  A 16 November 1971 entry on the Clinical Record, Doctor’s Progress Notes, indicates “…continue follow-up at MHCS for adjustment problem the pt is having.  (He is currently being followed by MHCS personnel.)”

The applicant was absent without leave (AWOL) from 14 December 1971 to     17 January 1972, for which he accepted NJP under Article 15, UCMJ.

On 16 February 1972, the applicant accepted NJP under Article 15, UCMJ for being incapacitated for duty as a result of previous indulgence in intoxicating liquor on 15 February 1972.

On 30 November 1973, the applicant was convicted by a special court-martial of being AWOL for the periods 6 June to 28 November 1972 and 3 January to         14 September 1973.  He was sentenced to a bad conduct discharge, to confinement at hard labor for 5 months, to forfeit $150.00 pay for 5 months and to be reduced to Private, E-1.  (The applicant had been arrested by civil authorities twice while AWOL – once on 4 April 1973 for obstruction, impeding and interfering with Federal Officers during a civil disorder and once on             23 August 1973 for impeding Federal Officers during a civil disturbance and illegal use of a firearm during the commission of a felony.)

On 30 October 1974, the applicant was discharged.  (His DD Form 214 shows he was discharged under the provisions of Chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial but there is no Chapter 10 paperwork available.)  He had completed 3 years, 2 months and 13 days of creditable active service and had 683 days of lost time plus 125 days lost subsequent to his normal expiration term of service.

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.

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 or unjust.  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 offense charged.  Conviction and discharge were effected in accordance with applicable law and regulations.  Considering the length of the applicant’s AWOL, the discharge appropriately characterizes the misconduct for which he was convicted. 

3.  The Board notes that the applicant had been diagnosed as an alcoholic while in the service.  The Board also notes, however, that attempts were being made to treat him for his problem when he went AWOL.  

4.  The Board notes the applicant’s combat tour in Vietnam and commends his willingness to serve.  However, the Board also notes he received one Article 15 and overdosed on heroin while in Vietnam.  

5.  The Board has taken cognizance of the applicant’s good post-service conduct but that factor does not warrant the relief requested.  To grant relief would be an injustice to those thousands of soldiers who served in Vietnam and subsequently honorably completed their terms of enlistment.  

6.  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

__ejo___  __jlp___  __jea___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028086	
SUFFIX		
RECON		
DATE BOARDED	19991118	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19741030	
DISCHARGE AUTHORITY	AR 635-200, Ch 10 	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.