PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:           29 June 2000      
	DOCKET NUMBER:   AR2000039342

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his undesirable discharge (UD) be upgraded to a general, under honorable conditions discharge (GD).

3.  The applicant states, in effect, that he has made a dedicated effort to mitigate the actions which caused his discharge by serving his country as a peace officer for over 29 years and by returning something meaningful to society. 

4.  The applicant’s military records show that on 17 August 1970 he enlisted for a period of 3 years in the Regular Army.  At the time of enlistment, he was 17 years old, and had completed the 8th grade.  His record also reveals that he was the eldest of 9 children in a single-parent home who subsisted on public assistance.  

5.  During his enlistment physical it was noted that he had amblyopia (blindness) of the left eye and he was assigned a P2 profile.

6.  He completed basic combat training at Fort Lewis, Washington, and reported to Fort Ord, California, for advanced individual training (AIT).  He did not complete AIT. 

7.  The applicant had two short periods of AWOL from 3-18 October 1970 and
3-11 February 1971.  While awaiting punishment for the previous periods of AWOL, the applicant again departed AWOL on 2 March 1971 and remained so absent until he was apprehended by authorities on 1 May 1971.

8.  On 4 May 1971 the applicant was charged with AWOL.  The applicant acknowledged notification of the charges, and after legal consultation, he requested discharge under the provisions of chapter 10, Army Regulation (AR) 635-200, in lieu of trial by court-martial.

9.  In a written statement submitted by the applicant in support of his request for discharge, the applicant stated, in effect, that he had a hard time communicating and understanding people without getting a feeling of insecurity; and, that he was often misunderstood.  He also indicated that his left eye condition caused him considerable stress and nervousness in training situations.

10.  On 1 June 1971 the appropriate authority approved his discharge and ordered him separated with an Undesirable Discharge Certificate (DD Form 258A).  Accordingly, on 14 June 1971 the applicant was discharged with a UD.  He was credited with 6 months and 1 day active military service, and 117 days of lost time.

11.  Army Regulation 635-200, then in effect, sets forth 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 UD is normally considered appropriate.

12.  On 2 February 1972 the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.

13.  In support of his application for upgrade of his discharge, the applicant has submitted the following evidence:

	a.  A resume showing that he is currently employed as a sergeant/narcotics investigator with the 216th Judicial District Narcotics Task Force of Kerrville, Texas.  His principal responsibilities include undercover narcotics investigation, informant management, case preparation and courtroom testimony.  In addition, the applicant has worked as a criminal investigator with the Blanco Police Department, Blanco, Texas; as a operations manager for Argus Security, Inc., Spokane, Washington; as a narcotics investigator with the Fallon Police Department, Fallon, Nevada; and, as the Chief of Police in the City of East Helena, Montana and the City of Hot Springs, Montana;

	b.  A list of personnel references to include the Kerrville County Texas Sheriff; the Chief of Police in Johnston City, Texas; two sergeants with the Texas Department of Public Safety-Narcotics; and, a special agent of Alcohol, Tobacco and Firearms (San Antonio, Texas); 

	c.  A copy of his Peace Officer License;

	d.  Letters of appreciation for his service as an Assistant Foreman of the County Cemetery District and as a deputy sheriff of Deer Lodge County, Montana;

	e.  A 19 June 1979 letter of appreciation from the Chief of Police, City of Helena, Montana, to the applicant for his role in apprehending an armed robber;

	f.  A letter of recommendation, dated 24 July 1981, from Montana State Senator Jack Haffey recommending the applicant for a position as a criminal investigator with the Montana Department of Justice;

	g.  A 9 December 1982 letter of recommendation from the City Judge of Hot Springs, Montana, recommending the applicant for further law enforcement employment;

	h.  A 9 September 1982, letter from the Sanders County Attorney noting the applicant’s detailed attention to his investigations with positive results.  The applicant was described as a capable investigator who had good rapport with the public, co-workers and other law enforcement personnel;

	i.  A letter from a mother in Blanco, Texas, thanking the applicant for taking care of her 4-year-old son she accidentally left at a gas station;

	j.  A letter of recommendation from the Chief, Operations Branch, Argus Systems, Inc., attesting to the applicant’s professionalism and the significant role he played in initiating programs and procedures for improved security at the National Institutes of Health, Rocky Mountain Laboratories, Hamilton, Montana; and

	k.  A 20 February 1996 letter of reference from the Assistant Chief of Police, Blanco, Texas, attesting to the applicant’s honesty, diligence, hard work, and experience as a police investigator.

14.  Additionally, the applicant has submitted the following training and educational certificates:

a.  Drug Enforcement Agency, Basic Drug Enforcement School – 80 hours of instruction (college course credit available);   

b.  U.S. Department of Justice, Drug Enforcement Administration Certificate of Training in narcotics and dangerous drug law enforcement;

c.  State of Montana, Department of Justice Basic Certificate in Peace Officer Standards and Training; 

d.  State of Montana, Department of Justice certificate of completion at the intermediate school of the Montana Law Enforcement Academy, 6-18 April 1980;

e.  State of Montana, High School Equivalency Certificate, 27 February 1987;

f.  State of Nevada, Peace Officer Standards and Training Committee, Basic Certificate in Training Category I, 277 hours, 8 February 1990;

g.  Truckee Meadows Community College, Certificate in Drug Abuse Recognition Training, 20 February 1990;

h.  Texas Commission on Law Enforcement Officer Standards and Education, Basic Peace Office, March 1993;

i.  International Law Enforcement Training and Consulting, Inc., Certificate of Training, Major Narcotics Investigations, 21-23 April 1992;

j.  Capital Area Planning Council Regional Training Academy, Certificate of Completion, Highway Interdiction, 16 hours, 5 March 1996;

k.  Office of the Governor, Texas Narcotics Control Program, Certificate of Commendation for seizure of 8.5 pounds of heroin, $34,000 cash, vehicles, guns and jewelry, 18 October 1996;

l.  Office of the Governor, Texas Narcotics Control Program,
Certificate of Commendation for outstanding performance on a narcotics investigation that resulted in 55 felony indictments, 7 February 1997;

m.  Network Environmental Systems, Inc., Certificate of Training in Clandestine Laboratory Safety Certification, 24-27 February 1997;

n.  Hays County Sheriff’s Academy, Basic Narcotic Investigator’s Course, 40 hours, 30 January 1998;

o.  Texas Department of Public Safety Narcotics Training, Narcotics In-Service School, 24-26 March 1998;

p.  Texas Commission on Law Enforcement Officer Standards and Education, Intermediate Peace Officer, 11 October 1999;

q.  Texas Commission on Law Enforcement Officer Standards and Education, Advanced Peace Officer, 23 November 1999;

r.  Texas Narcotics Control Program Certificate of Training, Tactical Operations and Planning School, 10 February 2000; and

s.  Texas Commission on Law Enforcement Data Distribution System print-out showing the applicant’s education, service, and work history.  This report shows that the applicant attended the following additional training:  child abuse prevention and investigation; crime scene investigation; use of force; patrol/tactical; arrest, search and seizure; sexual assault; sex offender characteristics; cultural diversity; family violence; and, supplemental peace officer correspondence course through San Antonio College Law Enforcement Academy. 

CONCLUSIONS:

1.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.

2.  The Board noted the applicant’s age at the time of his entry into service, his lack of educational background, and his family’s social history.  While the Board does not condone the applicant’s misconduct, his offenses were violations of military rules and regulations and were not otherwise serious offenses against society.  The Board determined that through no fault of his own, and due to his youth, lack of education, and family support system, he neither possessed the capacity, nor was he prepared, to become a satisfactory soldier.

3.  The Board also noted the exemplary service the applicant has rendered in serving his community as a peace officer for nearly 29 years.  He has been continuously employed since his separation from the Army and has exercised sound judgment in the selection of educational opportunities to enhance his professionalism and expertise.  

4.  In light of the applicant’s youth and educational background at the time of his enlistment, his exemplary post-service conduct in the service of society, the passage of time and the obvious efforts the applicant has displayed in mitigating his earlier misconduct, it appears that the interest of justice would best be served by changing the applicant’s characterization of service to general, under honorable conditions. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the Army with a General Discharge Certificate on 14 June 1971. 

2.  That the Department of the Army issue to the individual concerned a General Discharge Certificate from the Army of the United States, dated 14 June 1971, in lieu of the discharge certificate of the same date now held by him.

BOARD VOTE:  

___jhl___  ___jns___  __mhm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039342	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710614	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	144.7100.0000	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	144.9222.0000	
2.	144.0100.0000	
3.		
4.		
5.		
6.