MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             6 April 2000
	DOCKET NUMBER:   AR1999029268

	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.

	Ms. Antoinette E. Farley		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		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 Undesirable Discharge (UD) be upgraded to a General Discharge (GD).

APPLICANT STATES:  That just prior to his enlistment into the US Army, his grandmother died.  He states that his grandparents raised him and he did not fully understand the grieving process.  He further states that he was introduced to heroin during basic training and this only enhanced his feelings of loss of his grandmother and not being able to be with his grandfather. He adds that he was a drug abuser during his enlistment and feels his addiction contributed to his periods of unauthorized absence (AWOL).  He further states, that he was an out of control person, but chose not to request assistance from the military in dealing with his addiction to heroin.  In support of his application, he submits:  a copy of his DD Form 214, Report of Transfer or Discharge; a copy of an October 7, 1998 certificate of attendance at a drug addiction symposium; a copy of an August 3, 1998 certificate of completion of an HIV Assessment and Intervention course; a copy of a June 1, 1998 certificate of training for skills building training; a copy of a June 27, 1997 certificate of completion of a certified addiction counselor course; a copy of a June 10-11, 1997 certificate of completion of a relapse prevention course; a copy of a May 2, 1997 certificate of completion of an HIV/AIDS and the Substance Abuse Client course; a copy of a January 29, 1997 letter of recommendation from Koba Associates; a copy of a January 28, 1997 employment verification letter from Koba Associates; a copy of a May 28-30, 1996 certificate of completion of a relapse prevention course; a copy of an April 12, 1993 certificate of completion of a course in pharmacology; a copy of a July 20, 1993 certificate of attendance in a relapse prevention course; a copy of a April 29, 1993 certificate of participation in a confidentiality/ethics course; a copy of an April 24, 1993 certificate of completion of a human development course; a copy of an April 26, 1993 certificate of completion of an advanced chemical dependency course; a copy of an April 26, 
1993 certificate of completion of a signs and symptoms course; a copy of a December 13, 1992 certificate of completion of a fundamentals of chemical dependency counseling course; a copy of a June 19, 1992 certificate of completion of an ethics course; a copy of a January 24, 1992 certificate of participation in an afrocentricity course; a copy of a May 2, 1991 certificate of completion of an HIV/AIDS training course; a copy of a January 29, 1991 certificate of completion of an HIV/AIDS peer educator course; a copy of an April 21, 1989 certificate of completion of an AIDS outreach in the community course; a copy of a November 7-21, 1988 certificate of completion of an AIDS education 101 course; a copy of a March 6, 1989 letter of appreciation from the US Department of Health and Human Services; a copy of a June 7, 1988 letter of appreciation from Mrs. Effi Barry, wife of the Mayor of Washington D.C.; and a copy of his resume outlining his career as a drug abuse and AIDS counselor.

COUNSEL CONTENDS:  The applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, characterized as under other than honorable conditions at the time (undesirable discharge).  That he served in Vietnam with the infantry and was awarded the Vietnam Service Medal.  Counsel states that the applicant’s use of drugs and family problems partially mitigate his inability complete his military service in a satisfactory manner.  He further points out that the applicant has submitted documents which show that he has overcome the problems that led to his bad discharge from the service and has made significant post-service accomplishments.

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

On 6 April 1970, he was inducted into the Army of the United States for a period of 
2 years and completed basic training at Fort Dix, New Jersey.  

On 8 June 1970, he was transferred to Fort Ord, California for advanced individual training (AIT) in military occupational specialty (MOS) 11B10 (Light Weapons Infantryman).  He completed this training and received an excellent rating for conduct and efficiency during the period.  In August 1970, he was assigned to the Republic of Vietnam (RVN).  

The applicant did not report for transfer to Vietnam and went AWOL from 27 August 1970 to 21 September 1970.  On 24 September 1970, he was convicted by a summary court-martial of being AWOL and sentenced to forfeiture of $88.00 pay and reduction to pay grade E-1.  On 11 October 1970, the applicant was assigned to the RVN for duty in MOS 11B10. 

Four months after arriving in the RVN, the applicant was convicted by a special court-martial on 4 February 1971 of one specification of failing to obey a lawful command from a superior commissioned officer.  He was sentenced to forfeiture of $75.00 pay, reduction to pay grade E-1 and confinement at hard labor for 1 month,
suspended for 1 month.

On 9 May 1971, the applicant received a second conviction by a special court-martial for willfully disobeying a lawful command from a superior commissioned officer on
18 February 1971; for escaping from lawful confinement on 5 March 1971; and for striking a superior commissioned officer in the chest with his fist.  He was sentenced to forfeiture of $40.00 pay per months for 5 months, and confinement at hard
labor for 5 months.  

On 26 July 1971, the applicant was transferred to the Correctional Training Facility, Fort Riley, Kansas, to complete his confinement.  Upon completion of his sentence, he was further assigned to Fort Meade, Maryland, for duty.

On 14 December 1971, the applicant was listed as AWOL.  On 24 November 1972, he was returned to military control at the US Army Special Processing 
Detachment, Fort Meade, Maryland, and charged with being AWOL from 
14 December 1971 to 17 November 1972.  Court-martial charges were preferred.

On 28 November 1972, the applicant consulted with legal counsel and requested discharge for the good of the service under the provisions of chapter 10, Army Regulation 635-200.  He was advised that the offense for which he was charged could lead to a bad conduct (BCD) or dishonorable discharge (DD).  He stated that he understood the ramifications of receiving a BCD or DD and his decision to seek a chapter 10 discharge.  He declined to submit a statement in his own behalf.  

On 6 December 1972, the applicant’s chain of command recommended separation with an undesirable discharge (UD).  On 18 December 1972, competent authority approved the request.

On 18 December 1972, the applicant was separated with a UD for the good of the service in lieu of court-martial, under the provisions of chapter 10, Army Regulation 
635-200.  He completed 1 year, 2 months and 20 days of active military service.  He had 538 days of lost time due to being AWOL and in confinement. 

On 9 September 1986, the applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on 
12 February 1987, denied his request. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  A UD was then considered appropriate.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of any procedural errors that would jeopardize his rights.

3.  The type of discharge directed and the reason therefore were appropriate considering all the facts of the case.

4.  While the Board has taken cognizance of the applicant’s good post-service conduct and accomplishments, neither of these factors, either individually or in sum, warrant the relief requested.

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

__JNS___  __EMW___  _JEA__  DENY APPLICANTION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029268	
SUFFIX		
RECON		
DATE BOARDED	20000406	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19721212	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	A71.00	
2.	A39.00	
3.	A67.50	
4.	A123.06	
5.		
6.