MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  9 November 2000
	DOCKET NUMBER:  AR2000042169

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch		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 under honorable conditions.

APPLICANT STATES:  That all of his prior service, including his Vietnam service was honorable.  He was unable to deal with garrison life because of his undiagnosed post traumatic stress disorder.  He submits a character reference letter from his church and a psychological counseling service evaluation in support of his request.

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

He enlisted and entered active duty on 31 December 1964.  He had 3 years prior service as an infantryman.  After training as a clerk he was assigned to Vietnam. His last 3 months in Vietnam were spent as a rifleman.

In May, June, September, and November 1965 he was punished under Article 15, UCMJ for failure to go to his place of duty in the message center.  From 2 June to 31 August 1967 he was AWOL twice for 88 days.  On 10 October 1967 he was convicted by special court-martial of the AWOL offenses.  He was in confinement for 57 days.

From 12 January to 13 June 1968 he was AWOL twice for 147 days.  On 9 July 1968 he was convicted by special court-martial and was confined for 98 days.  He was AWOL again from 5 October 1968 to 28 May 1969.  On 11 June 1969 he was convicted by special court-martial and spent 97 days in confinement.  He was AWOL again on 13 October 1969 until 6 March 1970.

On 12 March 1970, a medical examination for the purpose of separation found him to be qualified for separation with a physical profile of 1 1 1 2 2 1.  He indicated that his health was “Good” and had no significant medical complaints.

After charges were preferred, and after consulting with counsel, the applicant requested discharge for the good of the service in lieu of trial by court-martial.  The table of maximum punishments from the Manual for Courts-Martial states that absence without leave for more than 30 days is punishable with a dishonorable or bad conduct discharge and 1 year confinement.

The separation authority approved the request and directed issuance of an undesirable discharge certificate.

Effective 30 March 1970 the applicant was separated under other than honorable conditions in the pay grade of E-1.  He had 2 years, 10 months, and 11 days creditable service during this enlistment and 871 days lost time.

The evaluation provided by a psychological service provides a brief background as supplied by the applicant and an evaluation based on 18 months treatment.  The military history and combat record provided by the applicant varies significantly from the evidence of record contained in his Official Military Personnel File.  The final diagnosis was post traumatic stress disorder (PTSD), chronic, severe, primarily from his combat trauma.

The character reference letter from the Director of Counseling at his church states that the applicant has been an outstanding member and performs volunteer services.  He requests forgiveness and leniency for the applicant.

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 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.  The character of the discharge is commensurate with his overall record.

2.  Absent convincing evidence that, at the time of the discharge or the behavior that led to the discharge, the applicant was so impaired by psychiatric, psychological, mental, or emotional problems that he could not both tell right from wrong and adhere to the right, the PTSD issue does nothing to demonstrate an error or an injustice in the discharge.

3.  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.

4.  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

__jp__  ___bl_____  ___ot_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042169	
SUFFIX		
RECON		
DATE BOARDED	20001109	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19700330	
DISCHARGE AUTHORITY	AR 635-200, CH 10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.