MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 October 2000
	DOCKET NUMBER:   AR2000043908

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Ernest W. Lutz, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Tracey L. Pinson		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 undesirable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That, while he was in the Army, he was suffering from Post Traumatic Stress Disorder (PTSD) and he believes that the illness caused his deviant behavior.  He states that the psychological alcohol and drug assessment and the pre-sentencing investigation report will show that he was suffering from PTSD at the time of his discharge.

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

On 15 July 1968, he enlisted in the Army for 3 years in the pay grade of E-1 at Fort Knox, Kentucky.  He successfully completed his training as an ammunition storage specialist.  On 10 October 1968, he was promoted to the pay grade of 
E-2 and he was transferred to Germany on 6 March 1969.  On 15 May 1969, he was promoted to the pay grade of E-3.  He was honorably discharged for the purpose of immediate reenlistment on 9 July 1969, after he had completed 11 months and 25 days of total active service.

On 10 July 1969, he reenlisted in the Army for 3 years.  Shortly thereafter, on 11 October 1969, he was transferred to Vietnam were he continued to perform his duties as an ammunition storage specialist.  

While in Vietnam, he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/Device 60 and 2/Overseas Service Bars.  

He was promoted to the pay grade of E-4 on 11 January 1970.  He completed his tour of duty in Vietnam and he was transferred to Germany on 14 November 1970.  He was honorably discharged for the purpose of immediate reenlistment on 29 June 1971, after he had completed 1 year, 11 months and 20 days of net service for this period of enlistment.

He reenlisted in the Army again on 30 June 1971.

Nonjudicial punishment (NJP) was imposed against the applicant on 20 July 1971, for being incapacitated for the proper performance of his duties as a result of previous indulgence in intoxicating liquor.  His punishment consisted of a reduction in pay grade and restriction.

On 6 February 1974, NJP was imposed against him for being absent without leave (AWOL) from 15 December 1973 until 7 January 1974.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

The available records show that the applicant went AWOL on 23 March 1974 and he remained absent until he returned to military control on 11 June 1974.
On 14 June 1974, the applicant underwent a medical examination for the purpose of separation and he was found to be qualified for separation from the Army.

On 1 July 1974, he signed a statement of medical condition indicating that there had been no change in his medical condition since his last separation examination.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 1 July 1974, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He had completed 5 years, 8 months and 6 days of total active service and he had approximately 101 days of lost time due to AWOL.  He was issued an Undesirable Discharge Certificate.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

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.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

Post Traumatic Stress Disorder was recognized as a psychiatric disorder in 1980 with the publishing of the Diagnostic and Statistical Manual of Mental Disorders (DSM).  The condition is described in the current DSM-IV, pages 424 through 429.  The Army used established standards and procedures for determining fitness for entrance and retention and utilized those procedures and standards in evaluating the applicant at the time of his discharge.  The specific diagnostic label given to an individual’s condition a decade or more after his discharge from the service may change, but any changes do not call into question the application of then existing fitness standards.

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.  The applicant’s contentions have been noted by the Board.  The evidence of record clearly shows that the applicant completed his tour of duty in Vietnam and was transferred to Germany on 14 November 1970.  He reenlisted in the Army on 30 June 1971.  There is no medical evidence of record to support the applicant’s contention that he was suffering from PTSD while he was in the Army. He underwent a medical examination prior to his discharge and he was found to be medically qualified for separation.

3.  He had NJP imposed against him twice during his last period of service and he was AWOL for 101 days.  Considering his numerous acts of misconduct, it does not appear that his undesirable discharge was too harsh.

4.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___cjp___  ___ewl__  ___tp ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043908	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/19	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1974/07/01	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100	
2.  		
3.		
4.		
5.		
6.