MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 August 2003
	DOCKET NUMBER:   AR2003087436

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Harry B. Oberg		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 for the period covering 27 January 1965 through 28 February 1968 be upgraded to an honorable discharge.

APPLICANT STATES:  That when he returned from Vietnam, he was deeply depressed and he drank a lot of whiskey, which caused him to make many mistakes.  He states that he found out that his wife had left him for someone else and he believed that the whole world was against Vietnam veterans.  He states that if he had been afforded counseling, maybe things would have turned out differently for him; however, he never had any type of counseling at all.  He goes on to state that he found a credit card at the gas station and he forged the person’s name to get gas for his car on three separate occasions.  He states that the amount of gas that he purchased with the found credit card totaled on $20.00 and that if he had not been drinking heavily, none of the incidents would have occurred.  He further states that the times that he went absent without leave (AWOL) was time that he spent looking for his wife and drinking alcohol.  He concludes by stating that he is now living a moral and positive life as he has not drank alcohol in almost 10 years and that he would like his discharge upgraded.  

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

After completing 3 years, 2 months and 28 days of honorable service in the Army as a light weapons infantryman, he reenlisted in the Army in Dallas, Texas, for an additional 3 years on 27 January 1965.  On 1 May 1965, he was transferred to Vietnam.

Nonjudicial punishment (NJP) was imposed against the applicant on 10 February 1965, for being AWOL from 2 February until 3 February 1965.  His punishment consisted of extra duty.

On 7 May 1966, he returned to the Continental United States and was assigned to Fort Polk, Louisiana.  

On 9 September 1966, NJP was imposed against him for being AWOL from 6 September until 9 September 1966.  His punishment consisted of a reduction in pay grade and extra duty.

On 19 October 1966, he was transferred to Fort Hood, Texas.

The applicant was convicted by a special court-martial on 14 March 1967, of being AWOL from 26 October until 31 October 1966 and from 31 October 1966 until 16 February 1967.  He was sentenced to confinement at hard labor for 3 months and a forfeiture of pay.

On 6 April 1967, the applicant was tried and convicted by civil authorities of three counts of forgery.  He was sentenced to 3 years in a Texas correctional facility.

On 29 July 1967, NJP was imposed against the applicant for being AWOL from 24 July until 26 July 1967.  His punishment consisted of restriction.

A board of officers convened on 25 January 1968, for the purpose of determining whether or not the applicant should be discharged from the Army prior to his normal expiration of term of service.  The board proceedings are unavailable for review by this Board.  The facts and circumstances surrounding his discharge are also not available for review by this Board.  However, his Report of Transfer or Discharge (DD Form 214) shows that he was discharged under the provisions of Army Regulation 635-206 for misconduct based on his conviction by civil authorities.  He had completed 6 years and 11 days of total active service and he was furnished an Undesirable Discharge Certificate.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-206, then in effect, outlined the conditions and procedures for the discharge of enlisted personnel for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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 administrative separation appears to have been accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore appear to be appropriate considering all the facts of the case.

3.  The Board has noted the applicant’s contentions.  However, they are unsubstantiated by the evidence of record.  There is no evidence of record that shows that his acts of misconduct were the result of alcohol use or that he was 

going AWOL to look for his wife.  The evidence of record does show that he went AWOL on numerous occasions even after having NJP imposed against him and being convicted by a special court-martial.  He was discharged as a result of his conviction by civil authorities for committing the act of forgery on three separate occasions and considering his numerous acts of misconduct, it does not appear that his undesirable discharge was too severe.

4.  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.

5.  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

___hbo__  __tl  ____  __ao____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087436	
SUFFIX		
RECON		
DATE BOARDED	2003/08/28	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19680228	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	262/MISCONDUCT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  627	144.6000/CIVIL CONVICTION	
2.		
3.		
4.		
5.		
6.