MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   AR2000047983

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, Jr.		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 be upgraded to general.

APPLICANT STATES:  That he entered the Army at age 17 and did not smoke or drink at the time.  The stress of serving two and one-half years in the Army and 13 months in Vietnam rendered him unable to continue to serve or to function in society.  He now smokes two packs a day, is an alcoholic and suffers from depression.  He provides a letter of support from a friend.  She states that for years the applicant would evade conversation about the war.  Then he was involved in an auto accident (driving under the influence) which caused him to go to prison.  Upon his release, she would sometimes catch him alone crying, calling himself a murderer.  He talked about the innocent people he killed, including children.  He even mentioned witnessing his buddy’s head exploding after being shot by enemy fire.  Fragments of his buddy’s brains were all over his face, clothes, and hands.  He has used alcohol to suppress his memories of Vietnam and battle depression.  His doctor directed him to the VA hospital but in order to enter any program through the VA his discharge must be upgraded.

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

He was born on 24 September 1947.  He enlisted in the Regular Army on 3 June 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 57F (Graves Registration Specialist).  He completed basic airborne training.

On or about 8 November 1965, the applicant was assigned to Company A, 8th Supply and Transport Battalion, Germany and performed duties as a 56B, forklift operator.  

On 2 and 30 July 1966, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for absenting himself from his place of duty.

On 4 November 1966, the applicant was convicted by a special court-martial of failing to go to his appointed place of duty, absenting himself from his unit, unlawfully entering government quarters, and unlawfully placing his hands on the person of a minor dependent male.  He was sentenced to confinement at hard labor for 6 months, to forfeit $40.00 pay for 6 months, and to be reduced to pay grade E-1.

On 13 December 1966, the applicant was reassigned to Company C, 1st Battalion, 13th Infantry, Germany where he performed duties as an 11B, rifleman. He was awarded primary MOS 11B on 9 February 1967.

On 22 March 1967, the applicant was convicted by a special court-martial of wrongfully failing to pay a taxi fare and for unlawfully striking a noncommissioned officer in the face with his fists.  He was sentenced to confinement at hard labor for 6 months, to forfeit $40.00 pay for 6 months, and to be reduced to pay grade E-1.

On 18 September 1967, the applicant was convicted by a special court-martial of absenting himself from his unit, two specifications of assault, and wrongfully impersonating a noncommissioned officer.  He was sentenced to be reduced to pay grade E-1, to forfeit $64.00 pay for 6 months, and to be confined at hard labor for 6 months.

A 29 September 1967 Report of Psychiatric Evaluation noted that the applicant had been referred for psychiatric evaluation twice before.  Neither of those reports are available.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in board proceedings.  He was psychiatrically cleared for any action deemed appropriate by his command.

The applicant completed a separation physical examination and was found qualified for separation.

The applicant’s company commander initiated separation action under Army Regulation 635-212 for unfitness.  The applicant was advised of his rights by counsel.  He waived consideration of his case by a board of officers, waived personal appearance before such a board, waived representation by counsel, and elected not to make a statement on his behalf.

On 8 November 1967, the appropriate authority approved the recommendation and directed issuance of an Undesirable Discharge Certificate.

On 5 December 1967, the applicant was discharged, with an undesirable, discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-212 for unfitness.  He had completed 1 year, 10 months and 1 day of creditable active service and had 246 days of lost time (all confinement).

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  The regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities, sexual perversion, drug addiction or the unauthorized use or possession of habit-forming drugs or marijuana, an established pattern for shirking, an established pattern showing dishonorable failure to pay just debts or failure to contribute adequate support to dependents, were subject to separation for unfitness.  Such action would be taken when it was clearly established that despite attempts to rehabilitate or develop him as a satisfactory soldier further effort was unlikely to succeed.
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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The Board notes the applicant’s young age at the time of his enlistment; however, this factor does not warrant the relief requested. The Board also notes that he was never assigned to Vietnam.  Considering his record of disciplinary actions, the characterization of his discharge as under other than honorable conditions was appropriate.

3.  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

__emw___  __amc___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047983	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19671205	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.