MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 December 2002                   
	DOCKET NUMBER:   AR2002073674

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Charmane Collins		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 (UD) be upgraded to a general discharge (GD).  

APPLICANT STATES:  In effect, that he was subjected to racial prejudice and blatant discrimination while he was in the military; that this prejudice impaired his ability to cope with the pressures of military life; and that because of the prejudice and his inability to cope, he started using marijuana.  He states that during his period of absence without leave (AWOL), he started to abuse heroin to help him cope with the stress of being AWOL.  The applicant states that, if all things were equal in the Army, none of his misconduct would have happened and if he could do it all over, he would certainly do it differently.  He concludes that, based upon the pain and suffering he endured, he believes that his UD should be upgraded to a GD.

He submits a two-page statement, dated 30 April 2002, in support of his application.

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

He was inducted in the Army of the United States on 10 October 1967 for a period of 2 years.  On 23 October 1967, he was assigned to Fort Ord, California, for basic combat training.  On 6 February 1968, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for being AWOL from 2-4 February 1968.  His punishment consisted of 7 days' correctional custody and forfeiture of $20.00 pay per month for 1 month.  Following completion of advanced individual training, the applicant was awarded military occupational specialty (MOS) 64A, Light Vehicle Driver.

On 1 April 1968, the applicant departed his unit AWOL and remained absent until 13 May 1968.  On 22 May 1968, he was convicted by a summary court-martial for this period of AWOL.  He was sentenced to confinement at hard labor for 30 days, forfeiture of $40.00 pay per month for 1 month, and reduction to private/E-1.  The sentence was approved on 22 May 1968.  The applicant was confined from 22 May 1968 to 14 June 1968.  On 15 June 1968, the applicant returned to duty.

On 21 October 1968, the applicant was convicted by a special court-martial for one specification of willfully disobeying a lawful command from a superior officer and one specification of sleeping in the cab of his truck during duty hours.  He was sentenced to confinement at hard labor for 1 month, forfeiture of $46.00 pay per month for 3 months, and reduction to private/E-1.  The sentence was approved on 21 October 1968.  The applicant was confined from 21 October to 14 November 1968.
On 20 November 1968, the applicant was assigned to Headquarters Company, United States Army Training Center, Infantry, Fort Ord, California, where he received excellent conduct and efficiency ratings.  

The applicant was AWOL from 1-19 January 1969.  The applicant was again AWOL from 28 February 1969 to 12 April 1970.  The applicant was returned to duty on 13 April 1970 and was assigned to the Special Processing Detachment at Fort Ord.

On 21 June 1970, the unit commander notified the applicant of his intention to recommend him for discharge under the provisions of Army Regulation (AR) 635-206 by reason of misconduct - desertion.  He was advised of his rights.

On 23 June 1970, counsel from the Judge Advocate General Corps (JAGC) advised the applicant of his rights.  The applicant waived his rights to a board of officers hearing and elected not to submit a statement in his own behalf. 

On 6 July 1970, the applicant was referred for psychiatric clearance integral to administrative processing according to AR 635-206.  He was found to have a dyssocial personality with drug abuse; however, there was no evidence of mental disease, defect, or derangement.  He was psychiatrically cleared for separation from the service under the provisions of the appropriate administrative regulation. On 10 July 1970, a medical examination found the applicant fit for separation.

On 3 August 1970, the appropriate authority approved the applicant's discharge with a UD.  Accordingly, on 27 August 1970, the applicant was discharged from the Army after completing 1 year, 4 months, and 3 days of creditable military service and accruing 530 days of lost time.

AR 635-206, then in effect, provided in pertinent part for the administrative separation of enlisted personnel who had committed an act or acts of misconduct by reason of fraudulent entry in the service, conviction by civil court, and absence without leave or desertion.  

On 4 April 1985, the Army Discharge Review Board (ADRB) denied the applicant's request for an upgrade of his discharge.

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 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.

2.  The evidence of record does not support the applicant’s contention that he was a victim of racial discrimination and that his chain of command did not address it; and he has not provided any evidence to support his contention.  Even if the applicant was experiencing racial discrimination, the Board noted that he had many legitimate avenues through which to obtain assistance or relief, without abusing drugs or going AWOL.  

3.  The Board carefully reviewed the applicant’s record of service and concluded that his discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  Additionally, the applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated his misconduct or poor duty performance.  The applicant’s misconduct, to include abusing drugs and going AWOL, diminished the quality of his service below that meriting a fully honorable or general discharge.

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

__fne___  __jea___  __cc____  DENY APPLICATION

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

INDEX

CASE ID	AR2002073674	
SUFFIX		
RECON		
DATE BOARDED	20021203	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19700827	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.9405	
2.		
3.		
4.		
5.		
6.