PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 February 1999
	DOCKET NUMBER:   AC98-12394
				   AR1998014065

	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:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Mark D. Manning		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 undesirable discharge (UD), issued on 28 September 1972 for unfitness, be upgraded to a general discharge (GD).

3.  The applicant states, in effect, that given his entire record of service, including 4 tours of duty in Vietnam and years of excellent conduct and efficiency ratings, an undesirable discharge is overly harsh for the minor offenses committed.

4.  The applicant’s military records show that he was born on 9 January 1942 and enlisted in the US Army Reserve (USAR) for 6 years on 24 April 1961.  Following completion of a period of active duty for training from 14 May 1961 to 5 November 1961, he was assigned to a USAR unit in Greenville, South Carolina, with duty as a cook.

5.  On 17 September 1965, the applicant enlisted in the Regular Army (RA).  Trained as a construction machine operator at Fort Leonard Wood, Missouri, he was transferred to Fort Bragg, North Carolina where he reverted to being a cook once again.  He remained a cook through assignments to Vietnam (Sep 66 to Aug 69), Fort Benning, Georgia (Oct 69 to Jan 70), Germany (Mar 70 to Sep 70), Vietnam (Nov 70 to Dec 71), and Fort Jackson, South Carolina (Mar 72 to Sep 72).  Until his final months in Vietnam, his conduct and efficiency ratings were always ‘excellent’ even though he had a 26-day period of AWOL at Fort Benning, and nonjudicial punishments (NJP) under Article 15, Uniform Code of Military Justice: on 8 November 1965 for failure to repair; on 14 January 1966 for being disrespectful to the first cook and leaving his place of duty for 11/2 hours; on 18 January 1966 for altering a sick slip by adding 24 hours of bed rest; on 10 August 1966 for a 1-day AWOL; on 18 August 1966 for missing bed check; and on 18 September 1971 for having a female in the billets.

6.  When he arrived at Fort Jackson following his final assignment to Vietnam, the applicant, now a specialist five (E5), was assigned as first cook in a military police company.  He went AWOL on three occasions; from 3-12 April 1972,
16-20 April 1972, and 12 June to 4 July 1972.  He was punished by NJP on two occasions and became the subject of a separation action for unfitness under the provisions of AR 635-212.  He was notified of his commander’s decision to initiate separation proceedings on 7 September 1972.  Although he was directed to report to the Office of The Staff Judge Advocate for legal counseling, and the separation request states that he was so counseled, there is no record of such counseling in the applicant’s file.  In an undated endorsement to the separation action, the approving authority waived further rehabilitation and directed separation with a UD.

7.  The applicant was separated with a UD under the provisions of AR 635-212, for reason of unfitness, on 28 September 1972.  He had 5 years and 4 days of creditable active Federal service on his current 6-year enlistment and 7 years, 2 months, and 22 days of total active Federal service.  With his USAR service, he had 11 years, 4 months, and 9 days of creditable service for basic pay purposes (3 years, 8 months, and 19 days of which were served in Vietnam).

8.  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 on active duty for more than 7 years, spending almost 4 years in Vietnam.  He had a total of more than 11 years of service when his USAR time is counted.

2.  The applicant’s final period of service was basically marred by three periods of AWOL lasting 38 days, for which he received a UD.

3.  In view of the minor nature of the applicant's acts of indiscipline and his many years of creditable service, especially in Vietnam, it appears that his UD was too severe.

4.  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 a General Discharge Certificate on 28 September 1972.

2.  That the Department of the Army issue to the individual concerned a General Discharge Certificate, dated 28 September 1972, in lieu of the UD of the same date now held by him.

BOARD VOTE:  

__SAC__  __FKM__  __MDM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998014065	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990203	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19720928	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A50.00	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.