PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 November 1998                   
	DOCKET NUMBER:   AC98-11360

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L Adolphi		Member	
	Mr. Robert W. Garrett		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his general discharge be upgraded to honorable and the narrative reason for separation be changed to medical.

3.  The applicant states that he suffered mental and physical impairments at the time of his discharge .  He also states that his medical problems were the reasons for his misconduct.  In support of his contentions the applicant submits documentation from his medical records and a Department of Veterans Affairs (VA) Compensation and Pension Exam Report.

4.  The applicant’s military records show that the applicant entered the Army on 25 March 1970.  His highest rank attained was private first class (E-3).  He completed basic combat training at Fort Dix, New Jersey.  He started advanced individual training at Fort Lee, Virginia.  

5.  While assigned to Fort Lee the applicant went AWOL from 21 July through 
27 July 1970.  He went AWOL again on 5 August 1970 and returned to military control on 17 August 1970 at the Special Processing Detachment, Fort Belvoir, Virginia.  He received nonjudical punishment for the two periods of AWOL and was reaasigned to Fort Dix, New Jersey. 

6.  While assigned to Fort Dix the applicant received nonjudicial punishment for being AWOL from 23 November through 30 November 1970, for being AWOL from 18 February through 1 March 1971, and for failure to go to his appointed place of duty.  He completed his assignment at Fort Dix and was assigned to Korea.

7.  The applicant served successfully in Korea and was reassigned back to 
Fort Dix. 

8.  Upon the expiration of his term of service on 11 May 1973 (as extended by his lost time), the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement).  The characterization of his service during that period was judged to be under honorable conditions and he was issued a General Discharge Certificate.

9.  Army Regulation 635-200, which sets forth the basic authority for the separation of enlisted personnel, in effect at the time, provided the option of characterizing a soldier’s service as under honorable conditions (general discharge) when his or her military record is not sufficiently meritorious to warrant an honorable discharge.  Paragraph 1-8 of that regulation specified that periods of AWOL, periods of confinement, nonjudicial punishment, and convictions by court-martials, should all be taken into consideration when determining the characterization of a soldier’s service.
10.  The current version of Army Regulation 635-200, chapter 4 contains the policy and outlines the procedures for separating individuals at the expiration term of their service.  Paragraph 4-4, states that soldiers being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a characterization of service as honorable, unless the soldier is in entry level status and his or her service is uncharacterized.

CONCLUSIONS:

1.  The applicant’s administrative separation on 11 May 1973 with a general discharge was accomplished in compliance with applicable regulations in effect at the time, considering his record of lost time resulting in NJP’s.  

2.  However, under the current version of the regulation, an individual who completes his term of enlistment and is discharged by reason of ETS is entitled to an honorable discharge.  

3.  Therefore, it would be equitable to now upgrade the applicant’s discharge to fully honorable.  

4.  The medical evidence submitted by the applicant is incomplete and insufficient to conclude that the narrative reason for his discharge should be changed to “medical.”  

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with an honorable discharge on 11 May 1973.

2.  That the Department of the Army issue to the individual concerned an Honorable Discharge Certificate from the Army of the United States, in lieu of the General Discharge of the same date now held by him.

3.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

___GDP _  __CLA__  __RWG__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON