MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 January 2002
         DOCKET NUMBER: AR2001064433

         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. Luther L. Santiful		Chairperson
Mr. Roger W. Able		Member
Mr. Terry L. Placek		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 discharge under other than honorable conditions (UOTHC) be upgraded.

APPLICANT STATES: In effect, that because the Army knew that he was having mental problems his discharge should be upgraded. The applicant further states, that he is still having mental problems and has been in and out of mental hospitals all his life. He believes that he is suffering from PDS (sic) because of the war in Vietnam. The applicant submits with his application letters of support from friends and family.

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

On 10 October 1967, the applicant enlisted in the Regular Army for a period of
2 years. He completed the required training and was awarded military occupational specialty 12C10 (Bridge Foreman). The applicant served in Vietnam from 16 August 1968 to 20 August 1969 and attained the rank of sergeant E-5.

On 6 August 1969, the applicant was honorably discharged after serving 1 year, 9 months and 27 days of active duty service. On 7 August 1969, the applicant immediately reenlisted for 6 years.

On 17 November 1969, while assigned to Fort Leonard Wood, Missouri, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 29 October to on or about 7 November 1969. His imposed punishment was a forfeiture of $60.00 pay.

On 29 June 1970, the applicant was convicted by a special court-martial of being AWOL from 21 April to 28 May 1970. He was sentenced to a reduction to pay grade E-1, 60 days restriction and extra duty.

On 30 March 1972, courts-martial charges were preferred against the applicant of being AWOL from 23 July 1970 to 24 March 1972.

On 4 April 1972, the applicant completed a separation physical and was found qualified for separation.

On 5 April 1972, the applicant underwent a mental status evaluation and was found to be mentally competent, able to distinguish right from wrong and to adhere to the right. The applicant was also found to be mentally capable of understanding and participating in board proceedings.

On 7 April 1972, after consulting with legal counsel the applicant voluntarily without any coercion 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 acknowledged, that he understood the elements of the offenses charged. The applicant waived further rehabilitation and was advised of the effects of a discharge under other than honorable conditions. He acknowledged that he understood, that he might be deprived of many or all Army and Veterans Administration benefits. He was afforded the opportunity to submit statements in his behalf. The applicant stated in effect, that he wanted to be released from service because of his personal problems, which made it impossible for him to continue to serve in the Army. He further stated, that his father died, his mother had two heart attacks and his wife and youngest child was diagnosed with having sickle-cell anemia. Because of health problems in his family he became a poor soldier and could not work efficiently for the Army. He stated that he had nothing against the Army, that he had 3 years of good service and had attained the rank of E-5. If it were not for the desperate nature of his family problems he would not have requested a discharge. He stated, that the Army would be better off allowing him to resign. He believes that because of his past record and the circumstances beyond his control he should be granted a general discharge.

The company commander recommended approval of the applicant’s request for discharge and the issuance of an undesirable discharge. The company commander read the applicant’s statement and carefully considered his honorably service, however, the company commander did not feel it excused his unauthorized absence.

On 27 April 1972, the Commanding General approved the applicant’s request for discharge and directed the issuance of a Discharge Certificate Under Other Than Honorable Conditions. On 4 May 1972, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC. He completed 2 years, 9 months and
4 days of creditable active military service.

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.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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, duress or that his rights were violated in any way.

3. The applicant alleges, that while in the military he had mental problems and that the Army knew of these problems and therefore, should have been given a medical discharge. The Board has noted the contentions of the applicant. However, they are not supported by either evidence submitted with the application or evidence in the available record.

4. Therefore, in the absence of medical evidence and the fact that the applicant did not supply any medical evidence to show that he had mental problems while in the military. It is presumed that the type of discharge directed and the reasons therefore were and still is appropriate considering all the facts of the case.

5. 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

__lls___ __rwa___ ___tlp__ DENY APPLICATION

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

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INDEX

CASE ID	AR2001064433
SUFFIX
RECON
DATE BOARDED	20020108
TYPE OF DISCHARGE	(UOTHC)
DATE OF DISCHARGE	19720504
DISCHARGE AUTHORITY	AR635-200,chp10 . . . . .
DISCHARGE REASON	A70.00
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	144.7000
2.
3.
4.
5.
6.