IN THE CASE OF:	  

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150002061 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests an upgrade of his undesirable discharge.

2.  The applicant states:

* he served in the Army from April 1971 to December 1972 with a tour in Vietnam from 15 September 1971 through 2 July 1972
* there were many things going on around him that he could not understand or deal with so he turned to drugs to cope
* he had never used drugs before and quickly became addicted
* being young, he did not understand how this addiction could impact his service

3.  In a self-authored letter, dated 6 November 2014, he states:

* when he received his draft notice he was scared
* he was only 19 years old
* after boot camp he was shipped to Vietnam
* shortly after arriving in Vietnam he started using heroin
* after Vietnam he was sent to Fort Riley to finish out his time
* from the day he arrived at Fort Riley he was treated like he was wrong for going to Vietnam and he was harassed for doing drugs and not being the Soldier he was expected to be 
* he asked many times for some kind of help to straighten out the way he was feeling and was just ignored
* after being absent without leave (AWOL) multiple times he was separated on 7 December 1972 with an undesirable discharge

4.  The applicant provides:

* a self-authored letter, dated 6 November 2014
* a letter from a social worker, dated 6 November 2014
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States at 19 years of age on 16 April 1971.  He completed his training and was awarded military occupational specialty 62B (engine equipment repairman).  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 15 September 1971 to 26 June 1972.

3.  While serving in Vietnam, nonjudicial punishment was imposed against him on six occasions between October 1971 and June 1972 for:

* sleeping on post as a sentinel
* failing to obey a lawful order (four specifications)
* absenting himself from his place of duty

4.  His records contain a DA Form 3647-1 (Clinical Record Cover Sheet), dated 10 July 1972, which shows he was diagnosed with improper use of heroin, addiction or dependence not determined; involvement intensity – severe; rehabilitation potential – fair.  This form states his treatment in Vietnam included medication and group therapy.

5.  Records show he was AWOL from:

* 28 June 1972 to 5 July 1972
* 11 August 1972 to 21 August 1972
* 1 September 1972 to 4 September 1972
* 13 November 1972 to 20 November 1972

6.  His records are void of the specific facts and circumstances surrounding his discharge action; however, his DD Form 214 shows he was discharged under other than honorable conditions on 18 December 1972 under the provisions of Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability).  He completed 1 year, 7 months, and 2 days of total active service with 31 days of lost time.  The separation program number 28B shown on his DD Form 214 represents unfitness due to involvement in frequent incidents of a discreditable nature with civil or military authorities.

7.  He provided a letter from a social worker, dated 6 November 2014, who states:

* prior to the applicant's service in Vietnam there were no disciplinary problems in the military
* his behavioral problems began once he served in Vietnam
* while in Vietnam, he was out in the jungle most of the time under threat of enemy attack
* within his first couple of days he came under fire and there were some Soldiers that died
* he began using heroin in Vietnam as a way to deal with his intense fear
* he had no legal problems prior to his tour in Vietnam
* upon returning home and being discharged from the military, he continued to struggle with substance abuse issues for a while
* substance abuse issues are no longer an issue for him
* he has been able to maintain continual employment since his discharge from the military
* he has been a productive member of society

8.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

9.  Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness and unsuitability.  Paragraph 6a(1) provided that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  An undesirable discharge was normally considered appropriate.

10.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	b.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant claims he was young, he was 19 years of age when he was inducted and he successfully completed training.  There is no evidence indicating he was any less mature than other Soldiers of the same age who successfully completed their military terms of service.

2.  The evidence of record does not support his contention that he asked many times for some kind of help to straighten out the way he was feeling and was just ignored.  Medical evidence shows he was diagnosed with improper use of heroin in July 1972 and his treatment in Vietnam included medication and group therapy.

3.  In the absence of evidence to the contrary, it must be presumed that the applicant's separation processing was administratively correct and in conformance with applicable regulations.  Without the discharge packet to consider, it is presumed that the authority and reason for his discharge and the characterization of service he received were commensurate with his overall record of service.

4.  In view of the foregoing information, there is an insufficient evidentiary basis for granting the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ______________X___________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20150002061



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ABCMR Record of Proceedings (cont)                                         AR20150002061



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