MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:          24 August 2000
	DOCKET NUMBER:  AR2000035340

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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:  The applicant requests that his undesirable discharge (UD) be upgraded to a fully honorable discharge and that the reason be changed to for the convenience of the government.

APPLICANT STATES:  In effect, that his ability to serve was impaired by his youth, level of education and maturity, his personal problems and the fact that he suffered from Post-Traumatic Stress Disorder (PTSD).  He is currently receiving treatment for PTSD.  He requests that his combat service be taken into consideration.  Further, he states that he believes that his time served in confinement is incorrect.  He also states that after he was discharged from the Regular Army (RA), he served in the Army National Guard (ARNG) for a total of 8 years.  He was discharged from the ARNG on 6 May 1996.  He submits letters written in his own behalf, dated 6 December 1999 and 26 April 2000; a medical history document, dated 15-20 November 1998; a medical statement, dated 
22 August 1968; and three statements of reference from family members.  He also submits an Army Discharge Review Board (ADRB) Case Report and Directive, dated 19 January 1979; DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice); DA Form 20B (Record of Court-Martial Conviction); court-martial orders; DA Form 20 (Enlistment Qualification Record); DA Form 2-1 (Personnel Qualification Record); service school academic reports; his diploma and transcript that shows he has completed a Bachelor of Science in Education; a letter written in his behalf by the Dean of Dickinson State University; his DD Form 214 (Report of Separation from Active Duty) and three DD Forms 215 (Correction to DD Form 214). 

EVIDENCE OF RECORD:  Indicates that the applicant's official military personnel file is not available.  However, the applicant provided the available records.

On 17 January 1966, at age 18, the applicant enlisted in the RA for a period of 
3 years and military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He had completed 9 years of formal education.  His Armed Forces Qualification Test (AFQT) score was 29, Category IV.  On 18 August 1966, he 
was assigned to the Republic of Vietnam.

On 27 December 1966, nonjudicial punishment (NJP) action was imposed against him under the provisions of Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 8-30 November 1966, until apprehended by military police.  His punishment included forfeiture of $60.00 pay per month for 
2 months and reduction from pay grade E-3 to pay grade E-1.

On 3 August 1967, he was convicted by a special court-martial (SPCM) of being AWOL from his unit from 15-25 May 1967.  His punishment included forfeiture of $72.00 pay per month for 6 months and confinement at hard labor for 6 months.  Only that portion of the sentence pertaining to the forfeiture of $72.00 pay was approved.  

On 17 August 1967, his ankle was sprained while engaging with hostile forces.  He was awarded the Purple Heart for this injury.

On 21 September 1967, he returned to the United States and was assigned to 
Fort Carson, Colorado.

On 20 February 1968, he was convicted by a SPCM of being AWOL from his unit from 20 January-3 February 1968.  His punishment included performance of hard labor without confinement for 2 months. 

On 8 July 1968, he was convicted by a SPCM of being AWOL from his unit from 9 May-12 June 1968.  His punishment included confinement at hard labor for 
5 months and forfeiture of $97.00 pay per month for 5 months.  On 16 July 1968, only so much of the sentence that provided for confinement at hard labor for 
4 months and forfeiture of $68.00 pay per month for 4 months was approved.
He served in confinement from 13 June-17 October 1968. 

On 22 August 1968, the applicant obtained a medical statement from a medical doctor in Bridgeport, Connecticut that shows he was suffering from mental illness.  Supposedly, according to the examining physician, he was on parole from military confinement.

Not all the facts concerning the discharge process are a matter of record.  However, the ADRB Case Report and Directive, dated 19 January 1979, shows that on 18 October 1968, the applicant was discharged for unfitness, due to being involved in frequent incidents of a discreditable nature with civil or military authorities.  The unexecuted portion of his sentence adjudged on 8 July 1968 was remitted on 17 October 1968.

His DD Form 214 shows that he had completed 2 years, 2 months and 
8 days of active military service.  He was AWOL a total of four times from
8-30 November 1966, from 15-24 May 1967, from 22 January–2 February 
1968 and from 9 May-12 July 1968.  He was in confinement from 13 July-
17 October 1968.  He had a total of 205 days lost time due to being AWOL and in military confinement.  

On 9 March 1974, the US Army Reserve Personnel Center (ARPERCEN), St. Louis, furnished the applicant a DD Form 215 to correct item 27 (Remarks) on his DD Form 214 to show that he was AWOL from 8-30 November 1966, from 15-24 May 1967, from 22 January–2 February 1968 and from 9 May-12 June 1968, and that he was in confinement from 13 June-17 October 1968.  His AWOL time equaled 78 days and his military confinement time equaled 
127 days.  Thus, his total lost time equaled 205 days.

On 25 May 1977, the ADRB upgraded the applicant’s discharge to a general discharge (GD) under honorable conditions under the provisions of the Special Discharge Review Program (SDRP).  On 19 January 1979, the ADRB denied his request to have his GD affirmed under current standards as outlined in public law 95-126.

On 31 August 1993, the ARPERCEN furnished the applicant a DD Form 215 to correct item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons) on his DD Form 214 to show that he was awarded the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with 1 bronze service star, the RVN Gallantry Cross with Palm Unit Citation, the Combat Infantryman’s Badge and the RVN Campaign Ribbon with 60 Device. 

Army Regulation 635-212, in effect at the time set forth the basic authority for the separation of enlisted personnel who were found to be unfit or unsuitable for military service.  The regulation further provided, in pertinent part, that service members discharged for unfitness would be furnished a UD, unless circumstances warranted a general or honorable discharge.

On 4 April 1977, the Department of Defense (DOD) directed the Services to review all less than fully honorable administrative discharges issued between 
4 August 1964 and 28 March 1973.  This program entitled the DOD SDRP required, in the absence of compelling reasons to the contrary, that a discharge upgrade to either honorable or general be issued in the case of any individual who had either completed a normal tour of duty in Southeast Asia, been wounded in action, been awarded a military decoration other than a service medal, had received an honorable discharge from a previous period of service, or had a record of satisfactory military service of 24 months prior to discharge.  Consideration of other factors, including possible personal problems which may have contributed to the acts which led to the discharge, and a record of good citizenship since the time of discharge would also be considered upon application by the individual.  In October 1978, Public Law 95-126 was enacted.  This legislation required that service Departments establish historically consistent, uniform standards for discharge reviews.  Previously upgraded discharges under the SDRP and other programs were to be reconsidered using the uniform standards.  Those individuals whose SDRP upgrades were not affirmed upon review under the historically consistent uniform standards were not entitled to VA benefits, unless they had been entitled to such benefits before their SDRP review.

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 this requirement.

2.  Even though not all of the facts are available concerning the discharge process, the Board presumes regularity in the discharge process.  

3.  The applicant met entrance qualification standards to include age.  The Board found no evidence that indicates that he was any less mature than other soldiers of the same age who successfully completed their military service obligation.  Further, the Board found no evidence that indicates that his level of education in anyway contributed to his misconduct or to his inability to serve.

4.  The Board determined that the applicant had many legitimate avenues through which to obtain assistance with his personal problems without committing the offenses which led to the separation action under review.

5.  There is nothing in the applicant’s record and he has provided nothing to indicate that he suffered from PTSD at the time that he was discharged.

6.  The Board notes a civilian medical doctor determined that the applicant suffered from mental illness in 1968.  However, there is no validation of this finding by military authorities who would have been in a better position to determine if the applicant was fit to perform his military duties. 

7.  The Board notes the upgrade taken by the ADRB on 25 May 1977 under the SDRP; however, this Board concurs with the findings and conclusions of the ADRB in its decision not to affirm the discharge upgrade under the provisions of Public Law 95-126 and the established uniform standards in 1978.  

8.  This Board took into consideration the applicant’s good service, to include his combat service.  However, these periods of service were not sufficient to warrant an affirmation of his discharge.

9.  The type of discharge directed and the reason for discharge were appropriate considering the facts of the case.

10.  Additionally, the DD Form 215 issued to the applicant on 9 March 1994, correctly shows his time served in military confinement.

11.  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

__gdp___  __clg____  __alr____  DENY APPLICATION

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

INDEX

CASE ID	AR2000035364	
SUFFIX		
RECON		
DATE BOARDED	20000824	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	681018	
DISCHARGE AUTHORITY	AR635-212  	
DISCHARGE REASON	A67.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6700	
2.		
3.		
4.		
5.		
6.