MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           12 December 2002                  
	DOCKET NUMBER:   AR2002075361

	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
| Mr. W. W. Osborn, Jr. | | Analyst

  The following members, a quorum, were present:

| Mr. Roger W. Able | | Chairperson
| Ms. Karen Y. Fletcher | | Member
| Mr. Bernard P. Ingold | | 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 bad conduct discharge (BCD) be upgraded to honorable.

APPLICANT STATES:  That he fought honorably in Vietnam and was wounded in the knee, chin and buttocks by a mortar or rocket propelled grenade round.  His squad leader and radioman were wounded by the same blast.  They were getting the casualties out of a hot landing zone.  There were about 15 killed and 30 wounded that day, 20 April 1968.  He believes that he was suffering from post traumatic stress disorder (PTSD) by the time he got to the hospital at Fort Sam Houston, Texas.

In support of his request he submits documents that he lists as: "1.  Psychiatric Medical Notes of Dx.; 2.  Psychologist notes of Dx.; 3.  Vet Center Progress notes; 4.  Combat military history; 5.  Record of assignments that shows excellent conduct and efficiency prior to Vietnam."

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

He enlisted for 4 years and assignment to Europe and entered active duty on 20 June 1966.  He was 19 years, 3 months old and had an 8^th grade education.  He completed training as an infantryman during which he qualified for the Marksman Qualification Badge with Pistol Bar and was transferred to Germany.  He reenlisted on 24 April 1967 and received nonjudicial punishment (NJP) in August 1967 for absence from his appointed place of duty.  He was advanced to private first class (PFC) in January 1968.  Until his departure from Germany on 26 March 1968 his conduct and efficiency marks were exclusively excellent.

Following leave in the United States, he reported to Vietnam for duty on 7 April 1968, with A Company, 2^nd Battalion (Airborne), 501^st Infantry.  He was apparently wounded and medically evacuated.  He reached Fort Sam Houston on 15 May 1968 and was assigned to the medical holding company.  Item 20 (wounds) of his DA Form 20 (Enlisted Qualification Record) shows a fragment wound in the buttocks sustained on 20 April 1968.  

A special court-martial convicted him of absence without leave (AWOL) from 21 July to 4 October 1968.  The sentence consisted of reduction to PFC and a reprimand.  He received NJPs on 21 January 1969 for absence from his place of duty; on 16 February 1969 for willful disobedience, disrespect to and threatening a noncommissioned officer; on 14 March 1969 for AWOL from 24 February to 9 March 1969; and on 4 September 1969 for AWOL from 18 August to 25 August 1969. 

On 16 November 1970 a special court-martial convicted him of AWOL from 10 March to 22 September 1970.  The approved sentence provided for confinement for 4 months and a BCD.  The applicant requested discharge for the good of the service in lieu of execution of his sentence and cited, as justification, his service in Vietnam, which he claimed included award of the Purple Heart and the Combat Infantryman Badge.  His request was favorably endorsed through the chain of command but denied by the discharge authority.  The applicant departed on excess leave on 24 December 1970.

The applicant was awarded the Purple Heart by Letter Order # 188, Headquarters, 1^st Armored Division dated 29 December 1970.

The Army Court of Military Review affirmed the findings and sentence on 27 April 1972.  On 17 July 1972, Article 71c of the Uniform Code of Military Justice having been complied with, the bad conduct discharge was ordered executed.

On 20 October 1972 the applicant was separated with a BCD.  He had 3 years, 2 months and 14 days creditable service and 413 days lost time.  His authorized awards are listed as the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with 1960 device. 

On 5 February 1976 and 13 July 1979 the Army Discharge Review Board denied the applicant's request to upgrade his discharge.

A 25 February 2002 certification by the National Personnel Records Center, St. Louis, Missouri states that the applicant's official military records show his authorized awards to include the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with 1960 device, the Marksman Qualification Badge with Rifle and Pistol Bars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.  Except as noted above, there is no documentation of record to support this list.

The medical documents submitted by the applicant show treatment for PTSD and other health problems starting in March 2000.  The military history is his answers to a 12-page questionnaire completed on 14 November 2001. 

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.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations.

2.  The applicant's overall record of service, including his early conduct and efficiency ratings and especially his combat service as an infantryman in Vietnam, including that it was apparently cut short by medical evacuation for combat wounds has been noted.  However, in view of all the misconduct, as evidenced by two court-martial convictions and a total of five NJPs that started before he ever went to Vietnam, the Board concludes that his service has been properly characterized.

3.  Absent convincing evidence that, at the time of the discharge or the behavior that led to the discharge, the applicant was so impaired by psychiatric, psychological, mental, or emotional problems that he could not both tell right from wrong and adhere to the right, the PTSD issue does nothing to demonstrate an error or an injustice in the discharge.

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 this 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

___RWA_  __KYF __  ___BPI__  DENY APPLICATION

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

INDEX

CASE ID | AR2002075361
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 2002.12.12
TYPE OF DISCHARGE | BCD
DATE OF DISCHARGE | 1972-10-02
DISCHARGE AUTHORITY | AR
DISCHARGE REASON | SPCM
BOARD DECISION | DENY
REVIEW AUTHORITY |
ISSUES         1. |
2. |
3. |
4. |
5. |
6. |