MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 January 2002                  
	DOCKET NUMBER:   AR2001062411

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Karen A. Heinz		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 under other than honorable conditions be upgraded to honorable.

APPLICANT STATES:  That he was and is a pacifist, a peacemaker, and an objector of war and killing others.  He resisted killing and fighting during Vietnam and was confined and tortured.  He has paid his dues and will never be the same mentally.  He submits copies of a civilian psychological evaluation and a determination by the Social Security Administration for disability benefits.

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

He enlisted in the Army Reserve on 16 March 1966.  He completed training as a supply handler and was returned to his Reserve unit on 28 August 1966.

On 17 November 1969, he was ordered to active duty, effective 18 December 1969, for 18 months and 13 days for unsatisfactory participation with his Reserve unit.  On 19 December 1969 he was reported absent without leave (AWOL) and remained AWOL until 8 October 1970.  The applicant’s records show that he was in confinement from 9 November 1970 to 22 January 1971.

He was AWOL again from 23 January to 12 August 1971.  He was placed in confinement on 19 August 1971.  On 30 August 1971, charges for the AWOL offense were preferred on the applicant.  After consulting with counsel, the applicant requested discharge for the good of the service in lieu of trial by court-martial.  In his request, the applicant acknowledged that he could be deprived of many or all benefits as a veteran and may encounter prejudice in civilian life as the result of a discharge under other than honorable conditions.  In an attached statement, the applicant said that he went AWOL because he could not adapt to the Army.  He was not able to mentally handle direct orders or harassment.  He only joined the Army Reserve to avoid the draft.  He was railroaded onto active duty when his records were falsified.

At a 16 September 1971 mental status evaluation, the applicant's behavior was normal.  He was fully alert and oriented and displayed a depressed mood.  His thinking was clear, his thought content normal, and his memory good.  There was no significant mental illness.  The applicant was mentally responsible.  He was able to distinguish right from wrong and to adhere to the right.

There is no evidence of record, or evidence submitted by the applicant, that he was physically or mentally mistreated during his military service.

On 27 September 1971, the separation authority, a major general, approved the applicant’s request and directed issuance of an undesirable discharge.  Effective 30 September 1971, the applicant was discharged under other than honorable conditions, in the pay grade of E-1, under the authority of Army Regulation 635-200, chapter 10.  He had 1 month and 12 days creditable service and 609 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.

The applicant provided a copy of a 28 February 1997 civilian psychological evaluation in support of his Social Security disability benefits.  The evaluation resulted in a diagnosis of schizophrenia, paranoid type with depressive disorder. The Social Security Administration granted the applicant disability benefits effective March 1997.

There is no evidence of record that the applicant applied for a discharge upgrade to the Army Discharge Review Board within the 15-year statute of limitations.

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 voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

2.  The applicant admitted that he enlisted in the Army Reserve to avoid the draft and, when ordered to active duty as an unsatisfactory participant, went AWOL to avoid duty in Vietnam.  His 1 month and 12 days active duty and 609 days lost time due to AWOL and confinement does not warrant the issuance of an honorable discharge.

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

_aao____  _mhm____  _kah____  DENY APPLICATION

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

INDEX

CASE ID	AR2001062411	
SUFFIX		
RECON		
DATE BOARDED	2001062085	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19710930	
DISCHARGE AUTHORITY	AR 635-200, CH 10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.