MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 13 DECEMBER 2001
         DOCKET NUMBER: AR2001061538

         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Mark D. Manning		Member
Ms. Regan K. Smith		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)

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APPLICANT REQUESTS: That his under other than honorable conditions discharge be upgraded to honorable and that his E-4 pay grade be restored.

APPLICANT STATES: In effect, that he was severely injured in an automobile accident in 1970 and subsequently was released from the military medical facility at Fort Gordon, Georgia. He states that he believes an error occurred in his "paperwork" and he was given a plane ticket to Knoxville, Tennessee in October 1970. He states he was unaware of his under other than honorable conditions discharge until 2001.

In a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), which was attached to his application, the applicant indicated that he had been "mentally ill" since the 1970 accident and continues to be mentally unstable. He notes that he was "oxygen deprived due to blood loss and blood transfusion reaction." He also states that he was "infected with Hepatitis C." In support of his request he submits copies of medical treatment records from the 1970 automobile accident, a 1974 narrative summary and autobiographical information sheet from the Eastern State Psychiatric Hospital in Tennessee, and copies of what appears to be medical summation documents from a VA outpatient clinic in Knoxville, Tennessee, which were completed in 2001. He also submits a statement from his niece.

His niece states, in effect, that the applicant was drafted in 1968 and completed "one tour in Vietnam and reenlisted for another tour." She states that in June 1970 he was involved in an automobile accident in which he was the only survivor and that he was severely injured. She states that he remained in intensive care "for sometime" and was subsequently transported to Fort Gordon, Georgia where the "records…state that he went missing in October 1970." She notes that the applicant told her that in October 1970 he was "told by hospital personnel that he was going home and Army personnel gave him a plane ticket and took him to an airport." She states, however, that she can find no record of this plane ticket and was "told that records of transportation were not kept."

She states the applicant continued to experience medical problems and was involved in a second accident in 1975. She states that it "makes no sense at all that this man would leave a medical facility in GA, not knowing anyone at all, having no money and not being able walk very well to just walk off in unfamiliar surroundings." She notes that he is "the epitome of a Vietnam veteran" and maintains that it is only "fair and just that this Veteran be given consideration for his honorable service to our country."





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

He was inducted and entered active duty on 20 May 1968. He successfully completed basic and advanced individual training as a Hawk Missile Crewman. In October 1968 he was reassigned to Okinawa. In May 1969 he was reassigned to Korea.

On 7 August 1969, while in Korea, the applicant reenlisted for his “present duty assignment.” He returned to the United States in December 1969 and was assigned to Fort Bliss, Texas. He was promoted to pay grade E-4 in April 1970.

On 12 May 1970 he was permitted to reenlist again, this time for an assignment in Vietnam. His conduct and efficiency ratings, rendered between his entry on active duty and the date he departed on leave enroute to Vietnam were “good” or “excellent.” There is no evidence he was ever awarded a personal decoration and he was punished one time under Article 15 of the UCMJ (Uniform Code of Military Justice) for 1 day of AWOL (absent without leave) in 1969.

He departed Fort Bliss, enroute to Vietnam, on 30 June 1970.

On 22 July 1970 the applicant turned 22 years old and on 23 July 1970, while in a leave status, the applicant was envolved in an automobile accident. He was transported to the University of Tennessee Memorial Research Center and Hospital in Knoxville, Tennessee where he received treatment for his multiple injuries. A “final note and discharge sheet” indicates the applicant received a blood transfusion the day after his initial admission and had a “reaction with prominent symptoms….” The transfusion was discontinued and he was “treated with antihistamines and Solu-Medrel.” There was no indication of any other complications.

On 11 August 1970 he was transferred from the civilian medical facility in Knoxville to the Army medical facility at Fort Gordon, Georgia and assigned to the Medical Holding Company. Medical documents associated with his treatment at Fort Gordon were not available to the Board.

On 10 October 1970 the applicant was reported as AWOL and subsequently dropped from the roles of the Army.

An August 1974 “autobiographical information” sheet, completed by the applicant upon his admission to the Eastern State Psychiatric Hospital in Tennessee, indicates the applicant first used “pot” at age 17 and began using “hard drugs” at





age 21. He stated that he used drugs while overseas in the military and that he wanted “to get off drugs” before it ruined his health. His diagnosis was “drug dependence, opiates”

Information in the applicant’s file indicates that he was hospitalized in November 1975 following a second automobile accident. However, medical documents associated with that hospitalization were not available to the Board.

On 30 December 1975 the applicant was apprehended by civilian authorities and returned to military control.

A 6 January 1976 FBI report notes that on 19 December 1975 a Loudon, Tennessee County Sheriff advised the FBI that the applicant had been arrested in 1974 on a minor charge involving liquor and that at the “time determined through inquiry with the U.S. Army and through a medical discharge exhibited by subject that subject was not AWOL.” The report indicated that the applicant “claimed to have been medically discharged from the U.S. Army in 1970.” He “exhibited an Army discharge dated 8/6/69 [6 August 1969] and claimed to have a subsequent discharge dated 1970.”

On 20 April 1976, after charges were preferred against the applicant for being AWOL between 10 October 1970 and 30 December 1975, the applicant consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial. His request acknowledged he understood the nature and consequences of the undesirable discharge which he might receive. He indicated he understood he could be denied some or all veterans' benefits as a result of his discharge and that he may be deprived of rights and benefits as a veteran under both Federal and State law. He did not submit any statements on his own behalf, nor claim that he believed he had been discharged and sent home with a plane ticket.

His request was approved and on 17 June 1976 the applicant was separated under the provisions of Army Regulation 635-200, Chapter 10, under other than honorable conditions in pay grade E-1. He had approximately 2 years and 9 months of active Federal service and more than 1900 days of lost time.

Subsequent to his separation, he was seen at a VA outpatient clinic in Knoxville. The 2001 summary report from that agency indicates the applicant “was more or less sent here for medical treatment by the family in their sense of desperation due to his prior long history of multiple substance abuse dating back to approximately age 13.” It detailed the applicant’s “past” drug history, alcoholism



and positive Hepatitis C test. The applicant indicated that he could not recall ever being tested previously for hepatitis and the report does not indicate a date of onset. Ultimately the applicant was advised of his current medical situation, advised to undergo detoxification, stop smoking, and signed release forms to undergo more testing. The report made no mention of any service incurred mental disorder but did note the applicant had suffered from a single episode of a major depressive disorder. His period of military service was recorded as
20 May 1968 through 6 August 1969 and that his eligibility for treatment stemmed from NSC (non-service connected) conditions.

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.

Army Regulation 635-200 also states that when a soldier is being discharged under other than honorable conditions, the separation authority will direct an immediate reduction to the lowest enlisted grade.

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 Board notes that the applicant requested administrative separation in lieu of trial by court-martial and acknowledged the consequences of receiving an under other than honorable conditions discharge. His claim that he was not aware of the character of his discharge until 2001 is without foundation.

3. Contrary to the applicant’s niece’s contention, there is no evidence the applicant served in Vietnam or that he has been mentally ill since his 1970 automobile accident. Rather, the evidence supports the conclusion that the applicant has had a long-standing substance abuse problem which existed prior to his entry on active duty in 1968. There is no evidence which indicates that any of the applicant’s health issues are related to his military service.




4. The applicant’s reduction to pay grade E-1 at the time of his separation was appropriate. In view of the fact that there is no evidence that would serve as a basis to upgrade his discharge, there is also no justification to restore his grade.

5. 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.

6. 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

__SAC __ __MDM__ __RKS__ DENY APPLICATION

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

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INDEX

CASE ID	AR2001061538
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011213
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.