MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 July 2002
	DOCKET NUMBER:   AR2002067635

	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. Karol A. Kennedy		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Raymond J. Wagner		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 a general discharge.

APPLICANT STATES:  That he did not realize at the time that taking pills or drugs would get him an undesirable discharge.  He further states that the Board should change his discharge because he was a young man and did not understand the consequences of his mistakes.

EVIDENCE OF RECORD:  The applicant's military records, though somewhat incomplete and reconstructed, show:

He was born on 12 March 1949 and was inducted in Chicago, Illinois, on 3 February 1970.  He was transferred to Fort Campbell, Kentucky, to undergo his training.

On 9 March 1970, nonjudicial punishment (NJP) was imposed against him for being absent without leave (AWOL) from 1 March to 8 March 1970.  His punishment consisted of a forfeiture of pay.

On 7 May 1970, NJP was imposed against him for being AWOL from Fort Campbell from 14 April to 6 May 1970.  His punishment consisted of a forfeiture of pay, extra duty and restriction.

The applicant completed his training and was transferred to Vietnam on 22 November 1970, for duty as a light weapons infantryman.  

On 1 April 1971, while serving in the pay grade of E-3, NJP was imposed against him for the wrongful possession of heroin.  His punishment consisted of a reduction to the pay grade of E-2 (suspended for 60 days), a forfeiture of pay, extra duty and restriction.

On 26 April 1971, NJP was imposed against him for sleeping on guard duty.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.

On 26 May 1971, NJP was imposed against him for being AWOL from 18 May to 19 May 1971.  His punishment consisted of a forfeiture of pay and extra duty (suspended for 1 month).

On 17 August 1971, NJP was imposed against him for being AWOL from 11 August to 12 August 1971.  His punishment consisted of a forfeiture of pay, extra duty and restriction.

On 11 October 1971, the applicant’s commander initiated action to bar him from reenlistment.  He cited the applicant’s disciplinary record, his failure to respond to numerous counseling sessions and several rehabilitative transfers as the basis for his recommendations.  He also indicated that the applicant was pending trial by a summary court-martial for misuse of government property and pending separation for unfitness under the provisions of Army Regulation 635-212.  The applicant elected not to submit a statement in his own behalf.  The appropriate authority approved the bar to reenlistment on 5 November 1971.

He departed Vietnam on 22 November 1971 and was transferred to Ireland Army Hospital, Fort Knox, Kentucky. 

The facts and circumstances surrounding his discharge are not present in the available records.  However, his records do show that he was extended in Vietnam pending approval of his discharge under the provisions of Army Regulation 635-212, for unfitness.  He was discharged at Fort Knox, from the medical holding company, under other than honorable conditions on 3 Jan 1972, under the provisions of Army Regulation 635-212, for unfitness due to drug addiction or the unauthorized use or possession of habit-forming narcotic drugs or marijuana.  He had served 1 year, 10 months and 17 days of total active service and had 13 days of lost time due to AWOL. 

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  It provided, in pertinent part, that members who displayed traits of drug addiction or the unauthorized use or possession of habit-forming drugs or marijuana were subject to separation for unfitness.  Members were normally enrolled in a treatment program before separation and an undesirable discharge was normally 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.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The character of the discharge appears to commensurate with the applicant’s overall record of service, considering the circumstances of the case.

3.  The applicant’s contentions have been noted by the Board.  However, the offenses committed by the applicant were too serious and his overall record of service is too undistinguished to mitigate relief.

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

__kak ___  __ao____  __rjw ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067635	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/02	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1972/01/03	
DISCHARGE AUTHORITY	AR635-212	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  594	144.5300/A53.00	
2.		
3.		
4.		
5.		
6.