MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 August 2000
	DOCKET NUMBER:   AR2000035170

	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. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		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 be upgraded to an honorable discharge.

APPLICANT STATES:  He was under extreme pressure after returning from Vietnam.  He states that he was suffering from post traumatic stress disorder (PTSD) at the time and was very aggressive in his behavior.  He further states that his discharge should be upgraded to honorable due to extreme circumstances.

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

On 16 August 1966, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a seaman.  He was transferred to Vietnam on 30 December 1966 and he returned to the Continental United States in February 1969.  He was honorably discharged on 7 April 1969 after he completed 2 years, 7 months and 22 days of total active service.  

He reenlisted in the Army for 3 years in the pay grade of E-3 on 7 August 1970. He successfully completed his training as a light weapons infantryman.  Upon completion of his training, he was promoted to the pay grade of E-4 on 7 December 1970 and he was transferred to Fort Bragg, North Carolina.

Nonjudicial punishment (NJP) was imposed against the applicant on 1 February 1971, for failure to go to his appointed place of duty.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

On 22 September 1972, NJP was imposed against him for being derelict in the performance of his duty.  His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.

He had NJP imposed against him on 12 December 1972, for failure to go to his appointed place of duty.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

The applicant underwent a medical examination on 17 January 1973, and he was found to be qualified for separation.

On 9 February 1973, NJP was imposed against the applicant for being absent from his place of duty.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

On 13 February 1973, the applicant was notified that action to eliminate him from the Army under the provisions of Army Regulation 635-200, chapter 13 had been initiated.  The commander cited unfitness as a result of frequent incidents of a discreditable nature with military or civilian authorities as the reason that the elimination action was initiated.  He acknowledged receipt of the notification and, after consulting with counsel, he waived his rights and he opted not to submit a statement in his own behalf.

The appropriate authority approved the recommendation for discharge on 2 March 1973.  Accordingly, on 9 March 1973, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 13 for unfitness as a result of frequent incidents of a discreditable nature with civil or military authorities.  He had completed 5 years, 6 months and 24 days of total active service and he was furnished an Undesirable Discharge Certificate.

A review of the available records fails to show that the applicant was suffering from PTSD while he was in the Army.

On 19 November 1984, the Army Discharge Review Board denied the applicant request for an upgrade of his discharge.

Army Regulation 635-200, chapter 13, in effect at the time, established policy and provided guidance of eliminating enlisted personnel found to be unfit or unsuitable for further military service.  An individual could be found unfit for various types of misconduct that included frequent incidents of a discreditable nature with military authorities.  An undesirable discharge was normally considered appropriate.

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 therefor were appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are unsubstantiated by the evidence of record.  The records clearly show that the applicant underwent a medical evaluation and he was found to be medically qualified for separation.  There is no evidence of record that shows that he was suffering from PTSD while he was in the Army.

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 this 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

___esc __  ___js ___  ___cmf__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035170	
SUFFIX		
RECON		
DATE BOARDED	2000/08/03	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1973/03/09	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  656	144.6400	
2.  		
3.		
4.		
5.		
6.