MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:    

		BOARD DATE:          7 October 2003                    
		DOCKET NUMBER:  AR2003085032

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Robert L. Duecaster		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:  He has suffered mental anguish and depression as a result of his discharge.

In support of his request, he submits two statements which attest that he sometimes has a severe loss of memory, he has mood swings, and he talks, sweats and jumps in his sleep.  These statements also relate that the applicant had a nervous breakdown in 1976 and has not been the same since.

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

He enlisted in the Regular Army on 29 August 1969, was awarded the military occupational specialty of aircraft electrician, and was promoted to pay grade E-4.

He was assigned to Vietnam on 23 April 1970.

The applicant was absent without leave twice, once from 20 December 1970 to 5 January 1971, and once from 6 to 8 July 1971.  He accepted nonjudicial punishment for both offenses.

He departed Vietnam on 26 March 1971 and was assigned to a unit in the continental United States.

On 15 September 1971, the applicant was hospitalized for an overdose of heroin.  During his hospitalization, the applicant reported that he had used heroin intravenously prior to going to Vietnam, he smoked heroin in Vietnam, and he used heroin intravenously several times a week since his return from Vietnam.

The applicant was treated for the overdose and was offered admittance at a drug treatment clinic, for which he initially expressed interest.  However, he later declined admittance at the drug treatment clinic.

Subsequently, the applicant was voluntarily admitted to the drug treatment clinic.

On 10 January 1972, the Commander, Headquarters Command, United States Infantry Center, Fort Benning, Georgia, stated that he interviewed the applicant and reported “that at this point [the applicant] does not feel that he can ever again be a productive soldier.”

Thereafter, the applicant submitted a request for discharge in lieu of trial by court-martial for the good of the service.  That request was countersigned by his military counsel.

His request was approved by the appropriate authority and he was given an undesirable discharge on 28 January 1972.  He had 2 years, 4 months and 10 days of creditable service, and 20 days of lost time.  He had no awards for meritorious service or valor.

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. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

The Manual for Court-Martial, Appendix 12, Maximum Punishment Chart, lists Article 112a, Unlawful Use, Possession, etc., of Controlled Substances, heroin use, as having a maximum allowable sentence of a Dishonorable Discharge or Bad Conduct Discharge, 5 years confinement, and total forfeiture of pay.

The Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge on 1 March 1973.

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

1.  The applicant committed a court-martial offense for which a Dishonorable Discharge was authorized.

2.  The applicant himself stated that he could never again be a productive soldier, and requested discharge.

3.  As such, there is no error or injustice to correct in this case.

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

___slp___  ___rld___  ___fne___  DENY APPLICATION

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

INDEX

CASE ID	AR2003085032	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031007	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.