MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           August 27, 2002
	DOCKET NUMBER:   AR2002075513

	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. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. Irene N. Wheelwright		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas Lanyi		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:  In effect, that his undesirable discharge (UD) be upgraded to a general discharge under honorable conditions.   

APPLICANT STATES:  In effect, that he was suffering from Post Traumatic Stress Disorder (PTSD) during his enlistment in the Army.  He further states, that he is receiving treatment for his condition and is requesting an upgrade of his discharge based on the attached medical evidence.  The applicant submits in support of his application a letter from the Department of Veterans Affairs. 

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

On 18 December 1968, the applicant enlisted in the Regular Army for a period of 3 years.  He completed the required training and was awarded military occupational specialty 67N10 (Helicopter Repairman).  The highest grade he achieved was pay grade E-4.  

Between May 1969 and June 1970, while assigned to a unit in Vietnam, the applicant accepted four nonjudicial punishments under Article 15, Uniform Code of Military Justice, for assault, by striking another soldier in the face with his fist with the intent to inflict grievous bodily harm, for being disrespectful to his superior noncommissioned officer, for missing curfew and for leaving his appointed place of duty without proper authority.  His punishments included forfeitures, restrictions and an oral reprimand.  

On 17 December 1970, the applicant was convicted by a special court-martial of six specifications of communicating a threat against a superior commissioned officer and his family by threatening to rape, molest and kill the officer and his entire family, two specifications of striking a superior commissioned officer on his arm and chest with his fist, one specification of being disrespectful to a commissioned officer and one specification of disobeying a lawful order.  The applicant was sentenced to confinement at hard labor for 4 months, a forfeiture of $80.00 pay per month for 4 months, a reduction to pay grade E-1 and a bad conduct (BCD) discharge.  On 4 February 1971, the sentence was approved and was duly executed, but the execution of that portion thereof adjudging the BCD was suspended for a period of 6 months.  On 3 March 1971, the unexecuted portion of the sentence to confinement at hard labor for 4 months was suspended for 6 months.  The applicant returned to duty on 4 March 1971.

On 9 April 1971, the applicant was reported for being absent without leave.  He was returned to military control on 6 July 1971.  However, the particulars surrounding the incident are missing from his files.  

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 7 September 1971, under Army Regulation 635-200, chapter 10, for the good of service and was issued a UD.  

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 a UD.

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.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  

3.  The contention of the applicant has been noted.  However, there is no evidence in his available record, which indicate that the applicant was suffering from PTSD during his enlistment in the Army.  

4.  In view of the applicant's numerous acts of indiscipline, it does not appear that his UD was too severe.

5.  Therefore the type of discharge directed and the reasons were appropriate considering all the facts of the case.

6.  In view of the foregoing, there is no basis for granting the applicant’s requests. 

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

__INW__  __AAO __  _ _TL__  DENY APPLICATION

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

INDEX

CASE ID	AR2002075513	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/27	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1971/09/07	
DISCHARGE AUTHORITY	AR635-200,chapter10 .  .  .  .  .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.144.7000		
2.		
3.		
4.		
5.		
6.