MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 April 2000
	DOCKET NUMBER:   AR1999032875

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Steuve		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 an honorable or a general discharge.

APPLICANT STATES:  That he was addicted to heroin while he was in the Army and his mental condition caused him to go AWOL.  He states that after he shot himself in the chest he was seen by a psychiatrist who informed him that he would be medically discharged.  He further states that he continued to go AWOL until he was arrested by civilian authorities and was discharged while he was in jail.  He continues by stating that his treatment for addiction was never completed by the military and he was still a drug addict, mentally impaired due to drug use and left on his own to deal with his problems.

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

On 11 December 1970, he enlisted in the Army for 3 years in the pay grade of 
E-1.  He successfully completed his training as a pay disbursing specialist.

Nonjudicial punishment (NJP) was imposed against the applicant on 24 February 1972, for failure to obey a lawful order.  His punishment consisted of a forfeiture of pay and extra duty.

On 11 July 1972, NJP was imposed against him for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay.

The applicant was transferred to Vietnam on 12 September 1972 and remained there until he attempted suicide by inflicting a gunshot wound to his chest on 13 November 1972.  He was evacuated to a hospital in Pennsylvania on 13 December 1972.

He had NJP imposed against him again on 18 January 1973, for being AWOL from 4 January until 17 January 1973.  His punishment consisted of a reduction in pay grade and a forfeiture of pay.

On 26 February 1973, NJP was imposed against the applicant for being AWOL from 8 February until 21 February 1973.  His punishment consisted of a reduction in pay grade and a forfeiture of pay.

The applicant went AWOL again on 2 March 1973.  On 18 April 1973, while he was in an AWOL status, he was arrested by civil authorities and he was charged with possession of cocaine.  He was found guilty of the charges and on 30 January 1974, he was sentenced to 2 years in the state penitentiary.

On 25 January 1974, he was notified that he was being recommended for discharge from the Army under the provisions of Army Regulation 635-206.  In an undated letter, he acknowledged receipt of the notification and he indicated that he would like to have a good discharge.

The appropriate authority approved the recommendation for discharge on 16 May 1974.  Accordingly, on 24 June 74, he was discharged under the provisions of Army Regulation 635-206, for misconduct due to conviction by civil court.  He had completed 2 years, 2 months and 21 days of total active service.  He had approximately 480 days of lost time due to AWOL and confinement and was issued an Undesirable Discharge Certificate.

On 16 April 1984, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 33 of the regulation provided, in pertinent part, that members convicted by civil authorities would be processed for separation.  An undesirable discharge was normally considered appropriate.

Army Regulation 635-200, currently in effect, sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or AWOL.  A discharge under other than honorable conditions is normally 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.  The applicant's administrative separation was 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 therefor were appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are not supported by either evidence submitted with the application or the evidence of record.  The record clearly shows that he was discharged after being arrested and convicted by civil authorities for possession of cocaine.  There is no evidence of record that supports his contention that he was addicted to heroin or that he was ever diagnosed as being physically or mentally qualified for separation through medical channels.
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 the aforementioned 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

___rgh__  ___jps___  ___be___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032875	
SUFFIX		
RECON		
DATE BOARDED	2000/04/12	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1974/06/24	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	626	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  627	144.6100/A61.00	
2.		
3.		
4.		
5.		
6.