MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   AR2000048974

	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.

APPLICANT STATES:  That after serving in Vietnam, he became involved in drug and alcohol use.  His addiction led him to go absent without leave (AWOL).  He was convicted of a felony crime and served time in jail.  He believes the Army coerced him into accepting discharge instead of fulfilling the remainder of his commitment to the service.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 12 November 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 76T (Aircraft Repair Parts Specialist).  He arrived in Vietnam on or about 2 June 1969 where he served as a communications electronics repair parts specialist and as an aircraft repair parts specialist.  He was promoted to Specialist Four, E-4 on 22 August 1969.  He departed Vietnam on 28 April 1970.

On 29 June 1970, the applicant departed AWOL.  

It appears from a Federal Bureau of Investigation (FBI) report that the applicant was arrested for possession of a narcotic drug on 18 September 1970.  On       22 October 1970, he was sentenced to three years probation on a charge of possession of a narcotic drug.  On 6 November 1970, he was returned to military control.

On an unknown date, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-206 for misconduct, conviction by a civil court.

On 12 January 1971, the applicant waived consideration of his case by a board of officers, waived personal appearance before such a board, and elected not to submit a statement in his own behalf.

On 29 January 1971, the appropriate authority approved the recommendation and directed the applicant receive an Undesirable Discharge Certificate.

On 8 February 1971, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-206 for civil conviction with an undesirable discharge.  He had completed 2 years, 2 months and 26 days of creditable active service and had 130 days of lost time.

The FBI report shows that the applicant was arrested on or about 2 June 1972 on a charge of criminal activity in drugs and was later sentenced to five years probation on the charge.

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct (fraudulent entry, conviction by civil court, and absence without leave or desertion).  That regulation provided, in pertinent part, for the elimination of enlisted personnel for misconduct when they were initially convicted by civil authorities, or action taken against them which is tantamount to a finding of guilty, of an offense for which the maximum penalty under the Uniform Code of Military Justice is death or confinement in excess of 1 year.  The maximum confinement period for possession of marijuana and Schedule IV and V controlled substances is 2 years and 5 years for other drugs.

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 acknowledges that he served well in Vietnam but considering the length of his AWOL and the offense for which he was convicted by civil court, the type of discharge given was appropriate.  The Board notes that many other soldiers, including many combat arms soldiers, returned from Vietnam and successfully completed their enlistments with no record of military or civil disciplinary problems.

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	AR2000048974	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710208	
DISCHARGE AUTHORITY	AR 635-206 	
DISCHARGE REASON	A61.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.