MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 March 2001                   
	DOCKET NUMBER:   AR2000048752

	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:

	Ms. Shirley L. Powell		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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.

APPLICANT STATES:  In effect, that his misconduct was caused by his post-traumatic stress disorder (PTSD) and other medical problems.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 26 September 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).  

The applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) on 16 December 1969 and 18 March 1970 for fighting in the troop area and absenting himself from the Overseas Replacement Station from 13 – 17 March 1970, respectively.

The applicant arrived in Vietnam on or about 22 March 1970.

The applicant accepted NJP under Article 15, UCMJ on 6 September,                  12 October, 20 October, and 23 October 1970 for being disrespectful in language towards his first sergeant; for sleeping upon his post in a designated hostile fire area; for being disrespectful in language towards his first sergeant; and for disobeying a lawful order to be on the helicopter going to Hawk Hill; respectively.

The applicant departed Vietnam on 22 February 1971.  His Enlisted Qualification Record, DA Form 20, shows that he was awarded the Purple Heart oak leaf cluster, the Combat Infantryman Badge (for which, due to his armor military occupational specialty, he was not authorized) and the Army Commendation Medal first oak leaf cluster.  However, the authority listed for all these awards is Army Regulation 672-5-1.  They should have been awarded by General Orders.  No orders for these decorations are available.

On 20 July 1971, the applicant was convicted by a special court-martial of being drunk and disorderly and unlawfully carrying a concealed weapon.  On 6 June 1972, he was convicted by a special court-martial of being absent without leave (AWOL) from 1 – 2 November 1971 and from 11 November 1971 – 12 May 1972.

Between 6 September 1972 and 6 April 1973, the applicant accepted NJP on four occasions for failing to go to his appointed place of duty; absenting himself from his unit of attachment; being AWOL from 6 – 14 March 1973; and using provoking words towards two military policemen; respectively.

The applicant’s separation packet is not available.  Unit Orders 64, Headquarters Company, Basic Combat Training Committee Group, Fort Ord, CA dated 27 July 1973 show that he was reduced to Private, E-1 by reason of chapter 13 (Army Regulation 635-200).  Army Discharge Review Board (ADRB) action dated       23 March 1979 indicates that he was separated under the provisions of Army 
Regulation 635-200, chapter 13, frequent incidents of discreditable nature.

On 6 August 1973, the applicant was discharged, with a discharge under other than honorable conditions, in pay grade E-1.  He had completed 3 years,            1 month, and 27 days of creditable active service with 254 days of lost time.  His DD Form 214 shows, in addition to the personal decorations noted above, that he was awarded the Bronze Star Medal and the Army Good Conduct Medal.  The
Bronze Star Medal is not listed on his DA Form 20 nor are orders available.  The Army Good Conduct Medal is listed on his DA Form 20 but with the authority Army Regulation 672-5-2.  It should have been awarded by Special Orders; however, no orders are available.  In addition, he was not eligible for award of the Army Good Conduct Medal due to his conviction by court-martial during the qualifying period. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  At the time, chapter 13 contained the policy and outlined the procedures for separating an individual for unfitness or unsuitability when it was clearly established that it was unlikely that he would develop sufficiently to participate in further military training and/or become a satisfactory soldier.

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 and, in the absence of evidence to the contrary, the Board presumes that his administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  

2.  There is no evidence of record and he provides none to show that he had PTSD or any other medical condition that may have resulted in his misconduct. In addition, the Board notes that his disciplinary problems began prior to his service in Vietnam.

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

__slp___  __jpi___  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2000048752	
SUFFIX		
RECON		
DATE BOARDED	20010322	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19730806	
DISCHARGE AUTHORITY	AR 635-200, ch 13 	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.