MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           15 August 2000                  
	DOCKET NUMBER:   AR2000039030

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr. 		Chairperson	
	Mr. Arthur A. Omartian 		Member	
	Ms. Gail J. Wire 		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 discharge under other than honorable conditions be upgraded to honorable or general.   

APPLICANT STATES:  That he served in Vietnam honorably, and simply walked off when he returned to the United States.  

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

The applicant enlisted in the Army for three years on 20 June 1969.  On              8 July 1969, he received nonjudicial punishment under Article 15, UCMJ, for breaking restriction.  He completed training, and in December was assigned to an artillery battalion in Vietnam.  He was promoted to Corporal in July 1970.  Headquarters, Americal Division general order of 14 November 1970 shows that the applicant was awarded the Army Commendation Medal (Second Oak Leaf Cluster) for meritorious service.

On 29 October 1970 orders were published assigning the applicant to the         21st AG Replacement Detachment [in Germany].  He was scheduled to return to the United States on 12 November 1970, and to report to Fort Dix, New Jersey on 17 December 1970 for onward movement to Germany.  The applicant processed out of his unit on 3 November 1970.

In a 12 January 1972 letter to the Army Administration Center in St. Louis, the 21st Replacement Battalion, indicated that the applicant, although assigned to the 21st, had not been located, despite numerous attempts to do so.

On 27 July 1979 the applicant was reported as being in an AWOL status since   17 December 1970, and reported as having been dropped from the rolls on       16 January 1971.

The applicant surrendered to military authorities at Fort Sill, Oklahoma on         12 August 1986, and transferred to the Personnel Control Facility at Fort Sill that same date.  

On 12 August 1986 the applicant consulted with counsel and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He stated that he acknowledged that he was guilty of the offense charged which authorized the imposition of a bad conduct or dishonorable discharge.  He stated that he understood the nature and consequences of the under other than honorable conditions discharge that he might receive.  He declined to submit a statement in his own behalf and stated that he did not desire a physical evaluation prior to his separation.

The applicant was discharged under other than honorable conditions on            17 September 1986.  He had 1 year, 7 months, and 3 days of service, and    5,475 days of lost time.  

In a 22 March 1999 letter, a pastor of the First Baptist Church in Leonard, Texas, stated that he knew the applicant as a boy.  His outlook on life was good and his demeanor was excellent.  He stated that after his return from Vietnam he was a different person.  He was drinking heavily, and always seemed depressed.  He stated that there had been little improvement over the past few years.  He stated that the applicant definitely had problems, which resulted from his time in the Army, and appeared to be incapable of handling many kinds of situations.

In a 16 September 1999 letter to the Army Review Boards Agency at St. Louis the applicant stated that when he returned from Vietnam he simply did not go to his post because he felt his service was over, having survived in Vietnam.  He stated that had the Army looked for him he would have returned and straightened his problem out long ago.  He served one year in Vietnam and was never in trouble.  He stated that his discharge was unjust because as he gets older, he needs the VA medical care promised him when going into combat.  He was not a bad soldier and never evaded his duties.  He stated that he had always paid his taxes.  He just did not realize that the type of discharge he received would bar him from any VA health care.  He stated that he was active in the Veterans of Foreign War but could not now participate on an elected level because of his discharge.  He served honorably in Vietnam.

On 1 December 1999, in an unanimous decision, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge.

In a 27 February 2000 statement, the applicant said that he did not want to go back.  He felt that he had done his duty while in Vietnam, and did all that he could stand, to include burying his buddies.  He served his country.  He stated that he was still suffering from the effects of the Vietnam war.

The applicant underwent a personal hearing before the Army Discharge Review Board on 29 February 2000.  In an unanimous decision, it denied his request to upgrade his discharge.     

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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is 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 discharge under other than honorable conditions was proper and warranted.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time. 

2.  The Board notes the applicant’s honorable service in Vietnam, the letter of support he has received from a pastor in Texas, and his contention that he was a good tax paying citizen after his return from Vietnam; however, none of these are sufficiently mitigating to warrant the relief requested.  The applicant was AWOL for almost 16 years.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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

___tdh___  ___gjw__  ___aao__  DENY APPLICATION

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

INDEX

CASE ID	AR2000039030	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000815	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.00	
2.		
3.		
4.		
5.		
6.