MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            30 October 2001
	DOCKET NUMBER:   AR2001059875

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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 undesirable discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that his undesirable discharge was unjust because he was suffering from mental anxiety after returning from Vietnam and he went absent without leave (AWOL) because he could not cope with civilian life after returning to the United States.  He also states that due to exposure to “Agent Orange” the side effects have surfaced and justice should be considered at this time.

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

He enlisted in Louisville, Kentucky on 2 August 1968 for a period of 3 years and training as an armor crewman.  He was transferred to Fort Knox, Kentucky to undergo his basic and advanced individual training (AIT).

While in AIT nonjudicial punishment was imposed against him for failure to go to his place of duty.  His punishment consisted of extra duty and restriction.  He completed his training and was transferred to Vietnam on 16 January 1969.  He was advanced to the pay grade of E-3 on the date he arrived.  He was advanced to the pay grade of E-4 on 10 March 1969.

He departed Vietnam on 11 January 1970, en route to Fort Carson, Colorado.  However, he failed to report as ordered and was reported as AWOL on 19 February 1970.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

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

__cla____  __hbo___  ___ao___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059875	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	UD	
DISCHARGE AUTHORITY	AR635-200. ch. 10	
DISCHARGE REASON	Lieu of trial by court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  		
3.		
4.		
5.		
6.