MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 June 2000                 
	DOCKET NUMBER:   AR1999031131

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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 honorable.

APPLICANT STATES:  He states he received a UD after serving two combat tours in the Republic of Vietnam (RVN), where he was awarded the Silver Star with V Device, the Combat Infantryman Badge and other medals.  He also states that he was a good solider, but adds that right after his combat experience, he was involved in a confrontation with a newly commissioned officer.  He points out that the officer got in his face about something, he lost control and hit him.  He states that he knew this was against the Uniform Code of Military Justice (UCMJ), but that he believes he was suffering from post traumatic stress (disorder) (PTSD).  He was not in full control of his emotions at that moment.  He further offers to obtain documentation to this effect from psychiatrists, if needed.  Additionally, he requests that his records be obtained which will show he was indeed a decorated combat veteran.  He admits to making one mistake and would appreciate the Board’s consideration in this matter.  

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

He enlisted in the Regular Army on 15 May 1968, for a period of 3 years.  He completed basic training at Fort Ord, California, and was transferred to Fort Gordon, Georgia, on 20 July 1968 for advanced individual training (AIT).  During training, he was listed as being absent without leave (AWOL) on 5 August 
1968.  He was apprehended by civilian authorities on 12 September 1968 and later returned to military control at Fort Hood, Texas, on 20 September 1968.

On 27 September 1968, he was convicted by a special court-martial of being AWOL from 5 August to 12 September 1968.  His sentence included forfeiture of $68.00 pay per month for 3 months and confinement at hard labor for 3 months, (suspended for 3 months).

On 22 October 1968, he was transferred to Fort Polk, Louisiana, where he completed AIT and was awarded military occupational specialty (MOS) 
94B (Food Service Specialist).

He was then further assigned to duty in Germany, where he served as a heavy vehicle driver and rifleman from 30 January to 17 June 1969.  On 27 June 1969, he returned to the Continental United States for duty at Fort Riley, Kansas.

On 23 September 1969, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for being disrespectful in language towards a noncommissioned officer and for willfully disobeying a lawful order from a noncommissioned officer.  His punishment included reduction from pay grade E-3 to pay grade E-2, 14 days restriction and extra duty, to run concurrently.

The applicant was AWOL from 10 to 11 November 1969.  He then was AWOL from 24 November to 3 December 1969.  There is no recorded punishment for these periods of AWOL. 

On 9 January 1970, he was reclassified into MOS 11B10 (Light Weapons Infantryman).  On 17 January 1970, the applicant accepted NJP for willfully disobeying a lawful order from a noncommissioned officer.  His punishment included forfeiture of $20.00 pay, 14 days restriction and extra duty, to run concurrently.

The applicant then went AWOL on 21 February 1970 and was subsequently dropped from the rolls on 12 May 1970.  His DA Form 20 (Enlisted Qualification Record), item 42, shows that he was placed in civilian confinement at the Kansas State Reformatory, Hutchinson, Kansas, on 5 August 1970 for reasons unknown. 

On 16 July 1971, the separation authority approved and directed discharge of the applicant under the provisions of AR 635-206, section III, for conviction by civil court with a UD.  The applicant was discharged in absentia on the same day, with 2 years, 7 months and 1 day, total time in service.  The entire discharge packet is not a matter of record.  However, on his DD Form 214 (Armed Forces of the United States- Report of Transfer or Discharge) it shows that he had four period of AWOL totaling 148 days lost time prior to the normal expiration of his term of service (ETS) on 14 May 1971, and 63 additional days lost time after his ETS.  In actuality, he had 449 days of AWOL and civil confinement before his ETS and 65 days after his normal ETS. 

Army Regulation 635-206, in effect at that time sets forth the basic authority for the separation of enlisted personnel for misconduct in the civilian community which made his continued service on active duty impractical due to civilian confinement, or undesirable due to the nature of his misconduct.  Section III provided for separation of personnel convicted by civil authorities for offenses involving moral turpitude, adjudication as a juvenile offender or an offense for which the maximum penalty under the Uniform Code of Military Justice is death or confinement in excess of 1 year.  An UD was normally given for such discharges. 

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.  This is no evidence of record that he ever served in the RVN or received the awards he claimed.

2.  Further, there is no evidence of record that he ever had a confrontation with a commissioned officer as he claimed.

3.  He was discharged as the result of conviction and confinement for one or more civilian offenses.  This made his continued service in the military impractical since he was not available for military duties.

4.  While the discharge proceedings are not a matter of record, the Board presumes regularity in the discharge process.

5.  The UD he received is fully supported by his substandard record of service between 1968 and 1971.

6.  There is no evidence, and the applicant has provided no evidence, which supports his contention that he was suffering from PTSD or other medical conditions, which precluded proper performance of duty.

7.  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.

8.  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

__mdm__  __wtm___  __clg____  DENY APPLICATION

Carl W. S. Chun
Director, Army Boards for Correction
of military Records

INDEX

CASE ID	AR1999031131	
SUFFIX		
RECON		
DATE BOARDED	20000627	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710716	
DISCHARGE AUTHORITY	AR .635-206, Sec III	
DISCHARGE REASON	A61.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.00	
2.	A01.00	
3.	A92.17	
4.	A92.27	
5.	A92.31	
6.