MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           19 November 2002                  
	DOCKET NUMBER:   AR2002070688

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Melvin H. Meyer		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:  In effect, his misconduct that led to his discharge was the result of posttraumatic stress disorder (PTSD).  He states that he returned from Vietnam with PTSD, that the flashbacks and nightmares are what caused him to commit the offenses that led to his discharge.  He states that he has diabetes as a result of exposure to Agent Orange.  He states that following his Department of Veterans Affairs (VA) rating he was told to apply.  He submits his VA rating decision to substantiate his case.

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

The applicant entered active duty on 17 September 1965.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 63B (Clerk).  He reenlisted on 5 April 1967 and on 18 September 1969 and had served for in Vietnam from 26 November 1969 though 7 November 1970.  

On 14 February 1972, civil authorities arrested the applicant for breaking and entering.  He was placed in pre-trial confinement until 29 February 1972 when he was found guilty and placed on 5 years probation.  

A 3 May 1972 check of the Federal Bureaus of Investigation (FBI) files showed that the applicant had concealed a pre-service criminal record.  

On 5 June 1972, the applicant was charged with intent to defraud by writing 31 checks in the amount of $1550 while knowingly having insufficient funds under Article 123, UCMJ.  

On 7 June 1972, the applicant was offered and declined punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ).  His case was referred for trial by court-martial and he was placed in pre-trial confinement.

Although the discharge packet is not of record, the record indicates that the applicant requested to be discharge for the good of the service in lieu of trail by court-martial under the provisions of Army Regulation 635-200, chapter 10.

The applicant was discharged on 25 September 1972 with an undesirable discharge.  His military occupational specialty (MOS) at the time of his discharge was 71H (Legal Clerk).  He had 6 years, 8 months, and 18 days of creditable service with 107 days lost due to confinement. 

The Army Discharge Review Board denied upgrade of his characterization of service on 15 May 1979. 
The applicant submits a 29 August 1996 VA rating decision showing he is suffering from PTSD but denying him service connection based upon the characterization of his last period of service.

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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

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:

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 service is appropriately characterized by the applicant's overall service.

2.  Absent convincing evidence that, at the time of the discharge or the behavior that led to the discharge, the applicant was so impaired by psychiatric, psychological, mental, or emotional problems that he could not both tell right from wrong and adhere to the right, the PTSD issue does nothing to demonstrate an error or an injustice in the 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

__JNS __  __SVW__  __MHM _  DENY APPLICATION

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

INDEX

CASE ID	AR2002070688	
SUFFIX		
RECON		
DATE BOARDED	20021119	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.61	
2.	144.92	
3.	144.9323	
4.		
5.		
6.