MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 30 January 2003
         DOCKET NUMBER: AR2002071939


         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. Antoinette Farley		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Christopher J. Prosser		Member
Ms. Yolanda Maldonado		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

         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 be upgraded general discharge.

APPLICANT STATES: He enlisted in the Army over 30 years ago, at the age of seventeen. As the oldest son of his four siblings, the recruiter told him as the “sole surviving son” he would see no combat, so he enlisted. He states, upon receiving orders to the Republic of Vietnam, he did not know how to deal with going to a combat zone. Therefore, he panicked and went absent without leave (AWOL). After returning to his post voluntarily four months later, he was separated under Army Regulation 635-212, with an undesirable discharge. He adds, that during that era the President was granting pardons and early outs, and he also was upgrading discharges upon request. He states, that he regrets the choices he made and wishes he could changed them. He adds, that he still carries the burden of guilt and shame for his actions and prays daily for forgiveness.

EVIDENCE OF RECORD: The applicant's military records are limited in that they do not contain separation processing documents.

His records show that he enlisted in the Army on 30 July 1970, for 3 years. OnHe completed his military training and was awarded military occupational specialty of 71B20 (Clerk Typist) on 5 April 1971.

On 20 May 1971, he was listed as a deserter and dropped from the rolls.

He reported for duty in RVN on 1 August 1968, was advanced to pay grade E-3 in September and to pay grade E-4 on December 1968.

On 4 January 1969, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave (AWOL) on 1 January 1969 and for failing to go to his place of duty on
2 January 1969. His punishment included reduction to pay grade E-1 and restriction for sixty days.

On 9 January 1969, the applicant received his second NJP for AWOL on
7 January 1969 and for willfully disobeying a superior officer. His punishment included forfeiture of $25.00 per month for two months.

On 6 July 1969, the applicant received his third NJP for willfully disobeying a lawful order given to him by his superior non-commissioned officer. His punishment included reduction in grade from E-3 to E-2 and forfeiture of
$68.00 pays for two months.

He returned to the United States on 21 July 1969 and was assigned to Fort Ord, California, for duty.

On 5 November 1969, the applicant received his fourth NJP for disobeying a lawful order. His punishment included restriction for fourteen days.

He was transferred to Germany on 10 February 1970.

On 9 June 1970, the applicant received his fifth NJP of record, for being absent from his place of duty on 16, 26, 27 and 28 May 1970 and AWOL on 28 May 1970. His punishment included forfeiture of $29.00 pay for one month and restriction for fourteen days.

On 30 July 1970, the applicant received his last NJP for being absent from his place of duty on 9, 10, 16, 22, 23 and 24 July 1970. His punishment included reduction in grade to E-2, seven days of extra duty and fourteen days restriction.

On 28 July 1970, AE Form 3087 (Report of Psychiatric Evaluation) shows that the applicant was diagnosed as having an immature personality, chronic, moderate, manifested by passive-aggressive behavior, manipulation, strange dreams and ineffective feelings. The psychiatric findings cleared the applicant for discharge.

On 17 August 1970, a physical examination found the applicant qualified for separation with a physical profile of 111111.

On 20 August 1970, the medical officer, after review of the applicant’s psychiatric evaluation and separation medical examinations, determined that under the retention medical standards prescribed in chapter 3, Army Regulation 40-501, that the individual was and is mentally responsible, able to distinguish right from wrong and to adhere to the right, and has the mental capacity to understand and participate in board proceedings.

Special Orders 249, Headquarters, 3rd Infantry Division dated 30 September 1970, indicates that the applicant was reduced to pay grade E-1 by NJP on
30 September 1970.

On 12 October 1970, Department of Army, Headquarters, US Army Personnel Center, Fort Dix, New Jersey issued Special Orders Number 285 to separate the applicant under the provisions of Army Regulation 635-200, under conditions other than honorable with an undesirable discharge certificate, DD Form 258A. The applicant’s assigned Separation Program Designator (SPD) Code of SPN 246, translates to “discharge for the good of the service”, under chapter 10, Army Regulation 635-200.

He was issued an Undesirable Discharge Certificate. His DD Form 214 shows that he had 2 years, 8 months and 1 day of creditable service. The highest pay grade he attained was E-4.

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. However, at the time of the applicant's separation, the regulation provided for the issuance of an undesirable discharge.

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 the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.

2. 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.

3. 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

__WTM _ ___CJP _ ___YM __ DENY APPLICATION

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

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INDEX

CASE ID	AR2002071939
SUFFIX
RECON
DATE BOARDED	2003.01.30
TYPE OF DISCHARGE	UD
DATE OF DISCHARGE	1973.01.26
DISCHARGE AUTHORITY	AR635-200, Ch 10
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	DIRECTOR
ISSUES 1.	A110.00
2.	A92.31
3.
4.
5.
6.