MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           8 March 2000                   
	DOCKET NUMBER:   AR1999030761

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 under other than honorable conditions be upgraded to honorable. 

APPLICANT STATES:  In effect, that his character of service is unjust in light of his combat experiences in Vietnam which resulted in chronic, Post-Traumatic Stress Disorder (PTSD).  He contends that PTSD presented itself almost immediately after experiencing combat in Vietnam and it affected his behavior.  He states that his medical records show psychiatric problems from the earliest dates of his deployment to Vietnam until his discharge for infractions at Fort Hood, Texas.  He believes he was misdiagnosed and not provided with appropriate treatment for PTSD.  He goes on to state that he has been treated for PTSD since 1992 and is rated 100% service-connected for this condition by the VA.  In support of his application, he submits a letter of explanation, service medical records, service personnel records, VA documentation and a statement from his psychiatrist dated 16 July 1999.  

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

The applicant enlisted on 12 December 1967 for a period of 3 years.  He successfully completed basic and advanced individual training and was transferred to Vietnam for duty as a light weapons infantryman.

While in Vietnam, on 12 October 1968, nonjudicial punishment (NJP) was imposed against the applicant for disorderly conduct.

While in Vietnam, on 3 January 1969, NJP was imposed against the applicant for being drunk on duty, being disrespectful toward a superior officer and attempted assault upon a superior officer.

While in Vietnam, the applicant was convicted by special court-martial on 
24 June 1969, for being AWOL from 9 April 1969 and 24 May 1969.  He was sentenced to confinement at hard labor for 6 months, forfeiture of $78 pay per month for 6 months and reduction to E-1.  The convening authority approved the sentence on 4 July 1969 and suspended the confinement at hard labor for 
6 months.  

While in Vietnam, on 29 November 1969, the applicant received his third NJP for assault upon a superior officer by pointing a rifle at him and communicating a threat to kill. 

The applicant was transferred to Fort Hood, Texas, on 16 January 1970.

On 27 August 1970 charges were preferred against the applicant for leaving his post without authority and with intent to abandon and for wrongfully appropriating a .45 caliber pistol.  Trial by special court-martial was recommended.
On 1 September 1970, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He indicated in his request that he understood that he could receive an under other than honorable conditions discharge and that he personally made the choice to submit his request.  Additionally, he elected to submit a statement on his own behalf.  In summary, he stated that he had been on active duty for 32 months, served in Vietnam for 18 months and was awarded two awards of the Army Commendation Medal, one Purple Heart, the Vietnamese Cross of Gallantry and was recommended for two Bronze Star Medals but never received the orders. 

On 4 September 1970 the applicant underwent a psychiatric evaluation and the psychiatrist recommended separation and cited that rehabilitation efforts are not likely to bring about significant changes in attitudes or behavior.  The psychiatrist determined that upon direct examination and review of the applicant’s past history there was no indication of psychiatric disorder that would prevent administrative action.  There were no disqualifying mental defects sufficient to warrant disposition through medical channels and the applicant did not meet retention under the provisions of chapter 3, Army Regulation 40-501.  The psychiatrist determined that the applicant was mentally responsible, able to distinguish right from wrong and to adhere to the right, and has the mental capacity to understand and participate in board proceedings.        

On 24 September 1970 the applicant underwent a separation medical examination and was found qualified for separation with a physical profile of 111111.  Item 73 (Notes (Continued) and Significant or Interval History) on the Standard Form 88 (Report of Medical Examination), dated 24 September 1970, shows “I am in good Health!” which was executed by the applicant.

On 18 September 1970 the appropriate authority approved the applicant’s request for discharge and directed that he be issued an Undesirable Discharge Certificate.

Accordingly, the applicant was discharged under other than honorable conditions on 13 October 1970 under the provisions of Army Regulation 635-200, chapter
10, in lieu of trial by court-martial.  He had served 2 years, 8 months and
16 days of total active service and had 47 days of lost time due to AWOL.

There is no indication in the available records to show that the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations.

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.

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 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.

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

3.  The Board noted the applicant’s contentions that PTSD presented itself almost immediately after experiencing combat in Vietnam, that PTSD affected his behavior and that he was misdiagnosed and not provided with appropriate treatment for PTSD.  However, medical evidence of record shows, at the time of his discharge, the applicant underwent a psychiatric evaluation and medical examination and was found qualified for separation by competent medical authority.  The Board also notes that on 24 September 1970, during his medical examination, the applicant indicated that “I am in good Health!” on the Standard Form 88 (Report of Medical Examination).

4.  Evidence of record shows the applicant requested a discharge for the good of the service in order to avoid a trial by court-martial and the possibility of receiving a felony conviction.  Although he may now feel that he made the wrong choice, he should not be allowed to change his mind at this late date.     

5.  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 the aforementioned requirement.

6.  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

RVO_____  EJA_____  EWL___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030761	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19701013	
DISCHARGE AUTHORITY	AR 635-200, Chapter 10  	
DISCHARGE REASON	In lieu of trial by court-martial	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.