PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 June 2000
	DOCKET NUMBER:   AR1999028951

	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. Carl W. S. Chun		Director	
	Mr. W.W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Ms. Margaret V. Thompson		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 military records by upgrading his discharge.
 
3.  The applicant relates that he was wounded in action, that his ability to serve was impaired by drugs.  He has had a hard life since discharge.  He has suffered from addiction and now suffers from PTSD, but he has turned his life around and is becoming a contributing member of his community.  He tried to serve and believes he earned a better discharge. 

4.  The Memorandum of Consideration of the Board’s 22 March 1995 review of his request is incorporated herein by reference as if wholly set forth.

5.  The applicant submits numerous documents from family friends, associates and supporters to show that he has become a valued member of his community, that he has been clean and sober for approximately 2 years, that he works at his sobriety and seeks counseling to deal with PTSD and that he always tries to help other people.
 
6.  Department of Defense Memoranda of 7 July and 13 August 1971, the latter commonly known as the Laird Memorandum, provided the Service Secretaries were to review administrative discharges under other than honorable conditions, issued solely on the basis of personal use or possession of drugs for recharacterization and issue a general discharge under honorable conditions.  In a memorandum dated 28 April 1972, the Department of Defense expanded this policy to include review of punitive discharges and dismissals resulting from prior approved sentences of courts-martial for the same cause.  The policy was applicable only to discharges which were executed or in process before 7 July 1971. 

CONCLUSIONS:

1.  The applicant was discharged because of personal use of drugs but he was not eligible for consideration under the Laird memorandum.  (The 7 July 1971 date was established because, by that time, drug amnesty and treatment programs were in place.)  

2.  However, the Board notes the mitigating aspects of this case including: the applicant’s limited ability as indicated by his Qualification Test Score; his combat service during which he was wounded, and his recent success in overcoming addiction and making a positive contribution to his community and concludes that the discharge is now unjust.  

3.  Nevertheless, based on his relatively brief period of service (approximately 14 months punctuated by two 3-month periods during which he was, by his own admission, “strung out”), record of misconduct and the fact that he twice failed to complete a drug amnesty program, his overall record of service is not sufficiently meritorious enough to warrant an honorable discharge.  Characterization of his service as having been served under honorable conditions, a general discharge and the assignment of a non-stigmatizing narrative reason for separation are appropriate. 

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by a voiding of the 12 November 1971 undesirable discharge currently held by the individual concerned and by issuing him a general discharge (of the same date) due to Secretarial Authority.

BOARD VOTE:

__OWT__  __KAN__  __MVT__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

	_____Orville W. Troesch, Jr._
	            CHAIRPERSON

INDEX

CASE ID	AR1999028951	
SUFFIX		
RECON		
DATE BOARDED	20000620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 635-200, Ch. 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	MODIFY	
REVIEW AUTHORITY		
ISSUES         1.	A92.22	
2.	A92.08	
3.	A94.14	
4.		
5.		
6.