MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 09 JULY 2002
         DOCKET NUMBER: AR2002071351

         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:

Ms. Joann Langston		Chairperson
Mr. Thomas B. Redfern III		Member
Mr. Roger W. Able		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 conditions other than honorable" discharge be upgraded to honorable.

APPLICANT STATES: In effect, that he was an 18 year old high school graduate when he enlisted in Army with "little or no thought as to what lied ahead." He notes that he was sent to Vietnam and "with the assistance of veteran soldiers…immediately became exposed to drugs." As a result of that exposure, the applicant states that he used drugs and became addicted. Upon returning to the United States he "began committing armed robberies as well as other crimes" to support his addictions. He states that because of the drugs, crimes and missions he "had to accomplish while in Vietnam" he was reminded of the death of his mother when he was only 13 years old. He states that he was "put in a position to be responsible and for care for nine siblings who were younger" than he was. He noted that his father had very little education and "worked laboriously to make ends meet." The applicant states he has "completely reformed" and is now a productive and law abiding citizen. He asks that the Board consider the circumstances which were a major contribution to his past behavior and change his discharge "from other than honorable to honorable." Other than his self-authored statement, the applicant submits no evidence in support of his request.

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

He entered active duty for a period of 3 years on 16 June 1969. The applicant was 18 years old at the time he entered active duty and had 12 years of formal education.

In July 1969, while undergoing basic training, the applicant was punished under Article 15 of the UCMJ (Uniform Code of Military Justice) for assaulting another soldier with an entrenching tool. The applicant went on to successfully complete basic, advanced individual and airborne training.

In January 1970, while enroute to Vietnam, the applicant was punished under Article 15 of the UCMJ for being AWOL (absent without leave) from
31 December 1969 through 9 January 1970.

The applicant arrived in Vietnam on 12 January 1970 and was assigned duties as a rifleman. While in Vietnam the applicant was promoted to pay grade E-3 and awarded the Combat Infantryman Badge, an Army Commendation Medal and an Air Medal. In November 1970, just prior to departing Vietnam, he was punished under Article 15 of the UCMJ for assaulting another solider by striking him "with a club with force likely to produce bodily harm."

The applicant departed Vietnam in December 1970 and was assigned to Fort Jackson, South Carolina where he was initially assigned duties as a "processing NCO."

On 17 March 1971 the applicant commenced a series of AWOL periods. He was punished twice in April 1971 under Article 15 of the UCMJ, once for AWOL and once for failing to report to his appointed place of duty. Prior to the applicant's March 1971 AWOL he received an efficiency rating of "good."

The applicant commenced his last period of AWOL on 20 August 1971. On
24 September 1971, while in an AWOL status, the applicant was apprehended by civilian authorities for armed robbery. On 16 December 1971 he was convicted by the General Sessions Court of Sumter County, South Carolina of armed robbery, larceny and conspiracy, and sentenced to 10 years in the South Carolina Department of Corrections. Information from the FBI files, contained in the applicant's record, indicates he was also charged with possession of heroin in June and July 1971, but the information does not indicate the disposition of those two charges.

As a result of the applicant's civilian conviction and subsequent confinement, on 1 May 1973 he was discharged under the provision of Army Regulation 635-206 (civil confinement) and issued an undesirable discharge certificate.

In March 1974 the Army Discharge Review Board denied the applicant's petition to upgrade his discharge. The applicant requested upgrade of his discharge citing his "drug habit" as the basis for crimes he committed.

The applicant's service medical records are extensive for a variety of illnesses and injuries sustained while the applicant was in Vietnam. However, there is no mention of drug use in any of those medical documents.

His records also confirm that he was the oldest of 10 children and that his mother was deceased at the time of his enlistment. The applicant was born in 1951 and, according to information provided by the applicant at the time of his enlistment, his siblings were born between 1952 and 1967.

Army Regulation 635-206, then in effect, provided, in pertinent part, that an enlisted member who was convicted by a civilian court of an offense for which the authorized punishment under the UCMJ included confinement of 1 year or more was to be considered for elimination. When such separation was warranted an undesirable discharge was considered appropriate.

The maximum punishment under the UCMJ for armed robbery included up to 15 years 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. Although the applicant maintains that his crimes resulted from his addiction to drugs and his recollection of events in Vietnam which reminded him of his mother's death and the responsibilities of his youth, he does not explain the fact that his records indicate he served without incident between December 1970, when he returned to the United States, and March 1971 when he commenced his first period of AWOL. In fact, the Board notes that the applicant received a "good" efficiency rating prior to his 17 March 1971 AWOL period.

2. The Board also notes that prior to the applicant's assignment to Vietnam, while he was undergoing basic training, he was punished for assaulting another soldier. The Board believes the evidence indicates that the applicant had the propensity for both good and bad behavior despite involvement with drugs and as such is not convinced that the applicant's use of drugs should somehow excuse his civil conviction and subsequent confinement which resulted in his administrative separation.

3. The applicant has submitted no evidence that his post service conduct should serve as a basis to upgrade his discharge as a matter of equity.

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 that 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

__JL____ __TBR __ __RWA__ DENY APPLICATION

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

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INDEX

CASE ID	AR2002071351
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020709
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.