MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  30 January 2001
	DOCKET NUMBER:  AR2000045480

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Ms. Brenda F. Hirschi		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:  In effect, that his reason for separation be change to “Honorable” instead of “Conscientious Objection”.

APPLICANT STATES:  In effect, that his reason for discharge should be changed to “Honorable” in order to receive VA benefits.  He also states that he became opposed to the Vietnam War, obeyed orders, and served his time until he was offered a conscientious objector discharge.  He was given a choice to sign his discharge, or remain in the service to complete his full obligation.  Having just returned from Vietnam to Fort Riley, Kansas, he was anxious to accept the discharge, and go home.  He further states that over the years, he has thought and regretted his decision in accepting the discharge, that the government has granted amnesty to the draft dodgers, and that the US Government has begun normal relations with Vietnam. 

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 19 September 1969 as a general vehicle repairman.  He served in Germany from 26 May 1970 to 1 December 1970 and in Vietnam from 3 February 1971 to 25 December 1971.

On 6 August 1971, he was punished under Article 15, UCMJ, for failure to go to his prescribed appointed place of duty.  His punishment consisted of a reduction to pay grade E-3 (suspended).

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  On 28 December 1971, a memorandum was prepared which states that his prior application for separation as a conscientious objector had been approved.  His DD Form 214 shows that on 7 February 1972, he was discharged under the provisions of Army Regulation 635-20, conscientious objection.  He was furnished an Honorable Discharge Certificate.  He had a total of 2 years, 4 months, and 19 days of creditable service.

The applicant applied to the Army Discharge Review Board (ADRB) for a change in his reason and authority on 26 July 2000.  However, the ADRB was precluded from accepting his application due to its statute of limitations.  The Board accepted his application (DD Form 149), dated 26 July 2000.

Army Regulation 635-20, then in effect, set forth the policy, criteria, and procedures for disposition of military personnel who, by reason of religious training and belief, claim conscientious objection to participation in war in any form.  Consideration will be given to requests for separation based on bona fide conscientious objection to participation in war, in any form, when such objection develops subsequent to entry into the active military service.  Claims based on conscientious objection growing out of experiences prior to entering military service, but which did not become fixed until entry into the service, will be considered.  Final determination on all requests for discharge based on conscientious objection will be made at Headquarters, Department of the Army.

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 Board notes the applicant’s contention that he needs his reason for separation changed in order to receive VA benefits.  While the Board is empathetic, it does not change the reason for separation for the purposes of obtaining eligibility for benefits.

2.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.  

3.  The type of separation directed and the reasons for that separation were appropriate considering all of the facts of the case.

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 this 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

__ao___  ___to_____  ___bh___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045480	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720907	
DISCHARGE AUTHORITY	AR .635-20	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.