MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 November 2001                   
	DOCKET NUMBER:   AR2001064027

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		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 (UOTHC) be upgraded.

APPLICANT STATES:  That he agreed to a discharge UOTHC at the time of his discharge because of mental stress.  He asks that his service in Vietnam be taken into consideration.  Since his discharge he has worked in the county government for nearly 30 years and has readjusted to life through counseling and group sessions.  He provides his Report of Transfer or Discharge, DD Form 214, as supporting evidence.

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

He was inducted into the Army on 10 August 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).

The applicant arrived in Vietnam on or about 8 February 1968 and was assigned to Headquarters and Main Support Company, 610th Maintenance Battalion as a stock control and accounting specialist and to the 351st Signal Detachment as a warehouse EO (acronym unknown) operator.  He was promoted to Specialist Fourth Class, E-4 on 27 June 1968.  He departed Vietnam on 5 January 1969 for reassignment to Fort Hood, TX.  He had received the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with device 1960.  He never reported to Fort Hood.

The applicant was in pre-trial confinement from 9 December 1969 – 19 January 1970.  On 19 February 1970, he was convicted by a special court-martial of being absent without leave (AWOL) from 12 February – 3 December 1969.  His punishment was to be confined at hard labor for 6 months, to forfeit $40.00 pay per month for 6 months, and to be reduced to pay grade E-1.  That portion of his sentence which was in excess of a reduction to pay grade E-3 and the execution of the confinement at hard labor for 6 months was suspended until 25 August 1970.  He was reassigned to Fort Jackson, SC effective 30 March 1970.

The applicant departed AWOL on 16 April 1970 for one day and again from         6 May – 20 June 1970.

The court-martial charge sheet is not available. 

On 1 July 1970, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge UOTHC and that he might be deprived of many or all Army and Veterans Administration benefits.  He elected not to submit a statement in his own behalf.
On 2 July 1970, a psychiatric evaluation found the applicant to be mentally responsible, to be able to distinguish right from wrong and to adhere to the right and to have the mental capacity to understand and participate in board proceedings.  He was diagnosed with an immature personality, chronic, moderate; manifested by an inability to accept responsibility, drug abuse, and poor judgment.

On 13 July 1970, the applicant completed a separation physical and was found qualified for separation.  

The appropriate authority approved the request and directed the applicant receive a discharge UOTHC.

On 31 July 1970, the applicant was discharged with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial.  He had completed 1 year, 10 months, and 22 days of creditable active service and had 389 days of lost time. 

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.  A discharge UOTHC is normally considered appropriate.  At the time, the regulation provided that a soldier returning from overseas with less than 3 months to serve upon departure could be separated early.

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 this 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.  

3.  The applicant was an E-4 when he went AWOL for an extended period the first time.  His sentence to confinement at hard labor and reduction to pay grade E-1 was suspended and he had less than 5 months to serve until his expiration term of service when he departed AWOL again, resulting in his request for discharge.  He had a psychiatric evaluation prior to his separation and he was found to be mentally competent.

4.  The Board is cognizant of the applicant’s Vietnam service and the fact that counseling and group sessions enabled him to readjust to life; however, neither of these factors warrants granting the relief requested.

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

__rvo___  __jpi___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001064027	
SUFFIX		
RECON		
DATE BOARDED	20011129	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19700731	
DISCHARGE AUTHORITY	AR 635-200, ch 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.