PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 January 1999                                      
	DOCKET NUMBER:   AC98-11103/AR1998000438

	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. Robert J. McGowan .		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome 		Chairperson	
	Mr. Fred N. Eichorn 		Member	
	Mr. John P. Infante 		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 his general discharge (GD) be upgraded to an honorable discharge (HD) and that his rank be corrected from PFC (E3) to SP4 (E4).

3.  The applicant states that, although his administrative separation with a GD may have been procedurally correct, his prior HD from the United States Marine Corps, his Vietnam service, his alcoholism, and his post-traumatic stress disorder (PTSD) should be considered in upgrading his discharge to HD.  He provides orders to show that he had been promoted to SP4 on 21 June 1971.

4.  The applicant’s counsel reviewed his records and noted that he had orders promoting him to E4.  Counsel also noted the applicant’s good record of prior service and the alcohol involvement surrounding his acts of indiscipline.  Counsel asked for a compassionate review of the applicant’s records.

5.  The applicant’s military records show that he enlisted in the United States Marine Corps on 9 November 1967 and was honorably discharged on 2 June 1969.  During his 1 year, 7 months, and 27 days of creditable service, he served 1 year and 20 days in Vietnam as a rifleman.  He received the Purple Heart, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 1 Bronze Service Star, and Vietnam Campaign Medal with Device.

6.  On 20 July 1970, the applicant enlisted in the Regular Army for 3 years.  Trained as a unit supply specialist, he was assigned to Fort Carson, Colorado, from 23 July 1970 to 27 March 1971.  He then was sent to Vietnam from 9 May 1971 to 7 March 1972.  On 14 April 1972, he was reassigned to Fort Riley, Kansas, where he served as a cook.  Prior to his assignment to Fort Riley, all of his service was characterized as excellent, but he did go AWOL for 11 days in November 1970, and he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, while in Vietnam, for disobeying an order.

7.  At Fort Riley, the applicant began experiencing disciplinary problems caused by excessive drinking.  He received NJP for being out of uniform on 2 June 1972; he was apprehended by MP’s for driving while intoxicated; and he was dismissed from the high school GED program for missing classes due to alcohol abuse.  He was referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP), but was found unsuitable for treatment and was recommended for discharge.

8.  On 11 September 1972, the applicant was notified that he was being recommended for separation under the provisions of AR 635-212, by reason of unsuitability.  He was counseled concerning the discharge process and prospect of receiving a less than fully honorable discharge.  His company commander, citing the applicant’s Vietnam service, as well as his prior HD from the Marine Corps, recommended that he receive an HD.  The intermediate commander recommended a GD and the approving authority approved separation with a GD. He was separated on 24 October 1972 with a GD.  He had 2 years, 2 months, and 24 days on his enlistment with 9 months and 29 days in Vietnam.  His total service amounted to 3 years, 9 months, and 18 days, of which 1 year, 10 months, and 8 days was Vietnam service.

9.  The applicant was promoted to SP4 on 21 June 1971, but the promotion was not entered on his DA Form 20, Enlisted Qualification Record.  There is no record of a reduction from SP4 to PFC.

10.  Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel who were found to be unfit or unsuitable for military service.  The regulation further provided, in pertinent part, that service members discharged for unfitness would be furnished an undesirable discharge, unless circumstances warranted a general or honorable discharge.  Service members discharged for unsuitability would be furnished an honorable or general discharge.

CONCLUSIONS:

1.  The applicant served two tours of duty in Vietnam and received the Purple Heart for wounds received in combat.  His Army service was characterized as excellent from time of enlistment to his return from Vietnam and assignment to Fort Riley as a cook.

2.  The applicant was an alcoholic, but was not treated for alcoholism while on active duty.  Following an evaluation by ADAPCP personnel, he was classified as not amenable to treatment and recommended for separation.  His company commander recommended he be honorably discharged, however the approving authority nonconcurred and issued a GD.

3.  The applicant had a prior honorable discharge from his tour in the Marine Corps.

4.  The record indicates that the applicant was promoted to SP4 (E4) and there is no indication of a subsequent reduction in rank.

5.  In view of the foregoing, and in the interest of justice and equity, 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 as an SP4 (E4) with an Honorable Discharge Certificate on 24 October 1972.

2.  That the Department of the Army issue to the individual concerned an Honorable Discharge Certificate, dated 24 October 1972, and indicating his rank as SP4 (E4), in lieu of the GD (with rank as PFC, E3) of the same date now held by him.

BOARD VOTE:  

___KJN _  __FNE __  __JPI ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11103/AR1998000438	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990121	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19721024	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A40.00	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	110.0000	
3.	129.0500	
4.		
5.		
6.