MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           6 July 2000
	DOCKET NUMBER:   AR1999031523

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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 an honorable discharge. 

APPLICANT STATES:  In effect, that he was suffering from post traumatic stress disorder (PTSD) when he was discharged with a UD.  He believes that his experiences in Vietnam caused his PTSD.  He is currently receiving ongoing counseling for this illness which he believes that the military failed to properly diagnose.  He submits medical treatment records and a statement that was written by a medical staff member at the Department of Veterans Affairs, Northern California Health Care System in support of his request.

The medical treatment records that the applicant submitted show that he has been receiving psychotherapy for PTSD since April 1999.  His condition has been determined to be chronic to severe.  He has been receiving disability from the Social Security Administration since the middle 1980’s due to having PTSD.  He did not submit a Department of Veterans Affairs Rating Decision, however, he contends that he has been rated 0% service connected for PTSD.  

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

That prior to the enlistment under review, the applicant served honorably in the Regular Army (RA) from 25 April 1966-20 May 1968.  He served in the Republic of Vietnam (RVN) from 18 April 1967-10 April 1968.  

On 10 May 1968, he was assigned to Fort Hood Texas.  On 21 May 1968, he reenlisted in the RA for a period of 4 years, pay grade E-3, and his previous military occupational specialty (MOS) 76Y (Unit Supply Specialist).  On 7 July 1968 he was assigned to Okinawa, the Ryukyu Islands, Japan.  

On 27 February 1969, the applicant was convicted by a special court-martial of wrongful appropriation of a motor vehicle, the property of the US Government.
He was sentenced to reduction from pay grade E-3 to pay grade E-1, confinement at hard labor for 3 months (suspended in excess of 29 days) and forfeiture of $97.00 pay per month for 3 months.  He remained in confinement from 
27 February-22 March 1969.

On 11 July 1969, he was convicted by a special court-martial of being absent without leave (AWOL) from his unit and of unlawfully entering a mess hall and wrongfully appropriating mess hall cash receipts valued at $6.69 on 21 June 1969.  He was sentenced to reduction from pay grade E-2 to pay grade E-1, confinement at hard labor for 3 months and forfeiture of $97.00 pay per month for 3 months.  He remained in military confinement from 11 July -24 September 1969.
The available records also show that he was also AWOL from his unit from 
29 September-1 October 1969 and from 2 March-20 May 1970.  He was returned to military control and placed in the military confinement on 21 May 1970.

On 25 May 1970, court-martial charges were preferred against the applicant for the period of AWOL between 2 March-20 May 1970 and for having in his possession one ounce, more or less, of marijuana on 20 May 1970. 

On 22 June 1970, he consulted with legal counsel and requested discharge for the good of the service, in lieu of trial by court-martial, under the provisions of chapter 10, Army Regulation 635-200.  He was advised that the offenses for which he was charged could lead to a UD.  He authenticated a statement with his own signature in which he stated that he understood the ramifications of receiving a UD.  He did not submit a statement in his own behalf.

On 30 June 1970, the applicant was hospitalized at Camp Kue Hospital, Okinawa for acute drug intoxication.  A psychiatric evaluation revealed that he suffered from a character and behavior disorder.  On 9 July 1970, he was absent from the hospital without leave.  He was released from the hospital back to the military confinement facility on 11 July 1970. 

On 19 July 1970, a psychiatric evaluation determined that the applicant was emotionally unstable with sociopathic traits.  It was revealed that he had a long history of heavy drinking and antisocial behavior dating back to his school days.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right.  He had the mental capacity to understand and participate in board proceedings.  He remained hospitalized in the psychiatric ward in Okinawa from 19-29 July 1970.  

On 29 July 1970 he went AWOL until 1 August 1970.  He was returned to confinement on 2 August 1970.  He remained in confinement until 11 August 1970.

An undated endorsement to the applicant’s request for discharge shows that his unit commander recommended that his request for discharge be disapproved.  On an unknown date, his intermediate commander recommended that his request be approved.  On 10 August 1970, competent authority approved his request.

On 18 August 1970, he was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service with a UD.  He had completed 
1 year, 8 months, and 11 days of active military service on the enlistment under review.  He also completed 2 years and 25 days of prior active military service and he had 197 days lost time due to being AWOL and in confinement. 
On 20 March 1972 applicant’s counsel appeared before the Army Discharge Review Board (ADRB) in his behalf.  The ADRB denied his request for an upgrade of his discharge.  On 27 March 1986, as a result of a record review the ADRB again denied his request for an upgrade of his discharge.

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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Although, an honorable or general discharge was authorized, a UD was then considered appropriate.

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 the aforementioned requirement.

2.  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.  There is no indication that the request was made under coercion or duress.  The type of discharge directed and the reason for discharge was appropriate considering the facts of the case.

3.  There is no evidence of any medical condition, which rendered the applicant medically unfit and justified physical disability processing.  The treatment records that he has submitted shows nothing to the contrary, nor has he provided any additional medical evidence to overcome the presumption of medical fitness at the time he was separated from active duty.

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

__cmf___  __emw__  __jpi_____  DENY APPLICATION

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

						

INDEX

CASE ID	AR1999024015	
SUFFIX		
RECON		
DATE BOARDED	20000706	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19711021	
DISCHARGE AUTHORITY	AR 635-200, CH10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.		

On 25 March 1968, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, was imposed against the applicant for being disrespectful in language towards a noncommissioned officer (NCO).  During deportment he replied in an unnaturally loud voice, turned his back and walked away while the NCO was still speaking.  His punishment included forfeiture of $40.00 pay.

Up until this both his conduct ratings and efficiency ratings had been excellent overall