MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 August 2002
         DOCKET NUMBER: AR2002067974

         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Ms. Paula Mokulis		Member
Mr. Donald P. Hupman, Jr.		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 undesirable discharge (UD) be upgraded to a general discharge under honorable conditions.

APPLICANT STATES: In effect, that he is in extremely poor health and is suffering from depression, uncontrolled hypertension, diabetes, chronic obstructive pulmonary disease, and "suspected lung cancer." He admits to the incidents that occurred during his military service, but believes that the sanctions that he received at the time (e.g., forfeitures of pay, reductions in grade, extra duty, and confinement) are sufficient punishment. He adds that he had a severe alcohol problem when he enlisted and his misconduct was alcohol-related. In support, he submits copies of SF Forms 513 (Consultation Sheet) for 19 September 1968 and 10 November 1968; separation documents, dated 10 October 1968 and 12 October 1968; a military psychiatrist's statement, dated 24 September 1968; a copy of SF Form 600 (Chronological Record of Medical Care) for 19 November 1968, 21 November 1968, 30 November 1968, and 1 December 1968; and numerous medical documents from St. Joseph's Hospital Health Center, Syracuse, New York, that verifies his medical treatment between 1998 and the time that he submitted his application.

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

That on 22 December 1967, he enlisted in the Regular Army for a period of 3 years. He completed basic combat training and advanced individual training and he was awarded military occupational specialty (MOS) 94A (Cooks Helper). On 1 April 1968, he was assigned to Fort Lewis, Washington.

On 10 July 1968, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), was imposed against the applicant for failure to maintain his personal appearance and for hygiene that was not in keeping with established military standards. His punishment included forfeiture of $25.00 pay for 1 month and 14 days of extra duty.

On 17 July 1968, the applicant appeared before the Municipal Court of Tacoma, Washington, and he was found guilty of loitering and sentenced to serve 15 days in the Tacoma County Jail. On 27 July 1968, after serving only 11 days, he was released to military control and placed on 90 days probation.

The applicant departed his unit at Fort Lewis in an absent without leave (AWOL) status from 12-28 August 1968. On 5 September 1968, NJP was imposed against the applicant for the above period of AWOL. His punishment included reduction from pay grade E-2 to pay grade E-1, forfeiture of $50.00 pay per month for 2 months, 45 days of extra duty and 60 days of restriction.

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On 19 September 1968, the applicant's commander counseled him about breaking restriction on 14 and 15 September 1968 and about intentionally falsifying information on an Army Emergency Relief (AER) financial assistance application on 18 September 1968 by alleging that he had a wife. Approximately 30 minutes after he returned to his billets, the applicant's commander was informed that the applicant was about to attempt suicide.

On 19 September 1968, the applicant underwent an emergency mental status evaluation at Madigan General Hospital, Fort Lewis by a professionally-trained psychiatrist. The consultation revealed that the applicant's commander referred him for a mental evaluation because he was looking for a rope to hurt himself. The evaluation revealed that he had also attempted to slash his wrists, but concluded that there was no sign of "psychotic mentation." The applicant stated that he felt lonely and depressed because he could not see his girlfriend and that he wanted to die because he felt that he had no reason to live. The examining psychiatrist felt that the applicant's threat of separation from his girlfriend had driven him into making suicidal threats and gestures. Further, the examining psychiatrist determined that, at the time of the alleged incident, the applicant was responsible for his own behavior; knew the difference between right and wrong and he could adhere to the right; he was able to participate in any proceeding that required his cooperation; and he did not suffer from any mental disease or derangement. The recommendation was that he be administratively discharged. The applicant was given 10 milligrams of Librium to take three times a day as a temporary measure to alleviate his anxiety and he returned to his unit.

On 3 October 1968, the applicant was convicted by a special court-martial of breaking restriction on 14 and 15 September 1968 and of intentionally falsifying information on an AER financial assistance application by alleging that he had a wife when he was unmarried. His sentence included confinement at hard labor for 6 months and forfeiture of $25.00 pay per month for 6 months.

On 10 October 1968, the commander notified the applicant that discharge proceedings had been initiated under the provisions of Army Regulation 635-212. He was also notified of the rights available to him.

On 14 October 1968, the applicant underwent a medical examination that determined he was physically qualified for separation.

On 15 October 1968, the applicant's commander recommend that he be separated prior to the expiration of his term of service under the provisions of Army Regulation 635-212, due to unfitness. He recommended a UD.

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On 22 October 1968, the battalion commander recommended separation with a UD. On 24 October 1998, the brigade commander recommended separation with a UD.

On 4 November 1968, the applicant authenticated a statement with his own signature in which he acknowledged that he had consulted with legal counsel and requested that a board of officers hear his case.

On 5 November 1968, the senior intermediate commander requested that a board of officers be convened under the provisions of Army Regulation 635-212, for the purpose of determining whether or not the applicant should be discharged for unfitness.

On 22 November 1968, the applicant authenticated a second statement in which he acknowledged that he had consulted with legal counsel and he acknowledged that he had been advised of the basis for the contemplated action to separate him under the provisions of Army Regulation 635-212, for unfitness. He further acknowledged that he understood the effects of a UD, and that he would be ineligible to receive veteran's benefits. He also waived further representation by legal counsel and a personal appearance before a board of officers. He did not submit a statement in his own behalf.

On 29 November 1968, competent authority waived further rehabilitation, approved the recommendation, and directed that the applicant be discharged under the provisions of Army Regulation 635-212, for unfitness, with a UD.

On 5 December 1968, the applicant was discharged under the provisions of Army Regulation 635-212, for unfitness, with a UD. He had completed 8 months and 19 day of active military service. According to his DA Form 20, Enlisted Qualification Record, he also had 75 days lost time due to being AWOL and in confinement.

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 administrative separation was accomplished in compliance with applicable regulations, then in effect, with no indication of procedural errors which would have jeopardized his rights.

3. The quality of the applicant's service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. His service record fully supports both the reason for discharge and the characterization of his service. The applicant has provided no evidence to the contrary.

4. The applicant underwent a medical examination prior to being separated and he was determined to be fully qualified for separation. He had no service-connected illnesses, injuries, or disabilities.

5. Eligibility for veteran's benefits (to include medical benefits) does not fall within the purview of the Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The Board does not grant relief solely for the purpose of gaining Department of Veterans Affairs medical benefits.

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

__lls___ __pm____ __dph___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002067974
SUFFIX
RECON
DATE BOARDED	20020806
TYPE OF DISCHARGE	(UD)
DATE OF DISCHARGE	19681205
DISCHARGE AUTHORITY	AR635-212
DISCHARGE REASON	A51.00
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	144.5000
2.
3.
4.
5.
6.