MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            4 May 2000
	DOCKET NUMBER:   AR2000035316

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James P. Steuve		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 dishonorable discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that after completing basic training he was transferred to Vietnam and during heavy and brutal combat he sustained a gunshot wound to his lower back.  He goes on to state that he received the Purple Heart for his bravery and recovered from his injury after surgery was performed and he was medically evacuated to a hospital.  He further states that after recovering he was transferred to Fort Hood, Texas at a time in which riots were prevalent.  He continues by stating that one such riot took place at Fort Hood and that he was not a participant; however, he like many others were arrested and sent to prison for 18 months at Fort Leavenworth, Kansas.  He also states that he still harbors anger at those officials for not believing his claims at the time and for evoking such a harsh penalty on him.  Additionally, he still suffers from his wounds and the shrapnel that still remains in his body and he is unable to receive the benefits that he is entitled to receive for defending his country.  He asks the Board to consider his service record and grant him an upgrade of his discharge.

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

He enlisted in Houston, Texas on 20 January 1967 for a period of 2 years.  He successfully completed his training and was transferred to Vietnam on 11 July 1967 for duty as a light weapons infantryman.

On 23 October 1967 he received a gunshot wound to the lower chest and back and was medically evacuated to a hospital in Japan.  He was subsequently evacuated to a medical center at Fort Sam Houston, Texas and was awarded the Purple Heart and Combat Infantryman Badge.

On 13 February 1968 he was transferred to Fort Hood for duty as an infantryman and was promoted to the pay grade of E-4 on 14 March 1968.  On 9 September he went AWOL and remained absent until 16 September 1968.  The record is silent as to any punishment imposed for that offense.

The applicant was convicted by a general court-martial on 28 February 1969 of two charges of assaulting two other soldiers.  He was sentenced to confinement at hard labor for 2 years, reduction to the pay grade of E-1, forfeiture of all pay and allowances, and a dishonorable discharge.

He was transferred to the U.S. Disciplinary Barracks at Fort Leavenworth where he remained in confinement until he was dishonorably discharged on 20 May 1970, pursuant to the sentence of a general court-martial.  He had served 1 year, 11 months, and 23 days of total active service and had 485 days of lost time due to AWOL and confinement.
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.  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.

2.  The type of discharge directed and the reasons therefore appear to be appropriate considering the available facts of the case.

3.  The applicant’s contention that he was arrested, confined, and dishonorably discharged for participating in a riot, appears to be without merit and is not supported by the evidence submitted with his application or the available evidence of record.

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____  ___ls ___  ___jps___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR2000035316	
SUFFIX		
RECON		
DATE BOARDED	2000/05/04	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	1970/05/20	
DISCHARGE AUTHORITY	GCM	
DISCHARGE REASON	GCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  675	144.6800/DD/GCM	
2.		
3.		
4.		
5.		
6.