MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            13 February 2001 
	DOCKET NUMBER:   AR2000049264

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	June Hajjar		Chairperson	
	Harry b. Oberg		Member	
	Shirley Powell		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 undesirable discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that his combat record and contributions to society since his separation warrant an upgrade of his discharge.  He notes that he was suffering from Post Traumatic Stress Disorder (PTSD), admits that he was wrong in what he did and has paid for his mistake.  In support of his request he submits copies of his Bronze Star Medal, several letters from community and church members attesting that he is a good citizen, a medical statement that he is now experiencing audiological problems related to his military service in Vietnam, and a copy of a document restoring his civil rights within the state of Florida.

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

He initially entered active duty on 17 September 1968 and was discharged for the purpose of immediate reenlistment on 19 February 1970.  Prior to his 
19 February 1970 reenlistment the applicant was punished on two separate occasions under Article 15 of the Uniform Code of Military Justice (UCMJ) for two periods of being absent without leave (AWOL).

In June 1970 the applicant was convicted by a summary court-martial for being AWOL from 26 April 1970 through 19 May 1970 while enroute to the Overseas Replacement Station located at Fort Lewis, Washington.

The applicant's exact dates of service in Vietnam are not reflected in records available to the Board but he was awarded a Bronze Star Medal, along with 25 other soldiers from the 4th Cavalry, for meritorious achievement "in connection with military operations against a hostile force,” during the period 1 September 1970 through 31 October 1970.

In December 1972 the applicant was apprehended by civilian authorities in Manatee County Florida for breaking and entering "with the intent to commit a felony [Grand Larceny]."  However, on 15 January 1973 he pled guilty to breaking and entering with intent to commit a misdemeanor.  The applicant was sentenced to two years confinement "in the state prison at hard labor…."

In May 1973 the applicant's commander initiated action to administratively separate the applicant from active duty under the provisions of Army Regulation 635-206 based on his civil confinement.  The applicant acknowledged receipt of the proposed separation and in a hand written statement indicated that he had "no desire what so ever of being retained in military service."  The recommendation was approved and on 28 August 1973 the applicant was discharged under other than honorable conditions.

Army Regulation 635-206, then in effect, provided, in pertinent part, that an enlisted member who was convicted by a civilian court of an offense for which the authorized punishment under the UCMJ included confinement of 1 year or more was to be considered for elimination. When such separation was warranted an undesirable discharge was considered appropriate. 

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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  While the Board has considered the applicant’s service in Vietnam, and his good post-service conduct, none of these factors, either individually or in sum, warrant the relief requested.

3.  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.

4.  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

__jh____  ___hbo__  __sp____  DENY APPLICATION

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

INDEX

CASE ID	AR2000049264	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010213	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.