PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 December 1998                   
	DOCKET NUMBER:   AC98-11412

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 under other than honorable conditions (UOTHC) discharge be changed to an honorable discharge.

3.  The applicant states he served honorably in Vietnam after he was drafted.  He feels his going absent without leave (AWOL), which was due primarily to family problems, did not in any way detract from the purpose of his military service.  His counsel contends that in view of his exemplary service prior to his AWOL and the fact he has since become a productive citizen that the discharge should be upgraded as requested.

4.  The applicant’s military records show that he was inducted into the Army on   3 October 1968.  He completed basic training and advanced individual training and was awarded military occupational specialty 11D (Army Reconnaissance Specialist).  

5.  He arrived in Vietnam on 23 March 1969.  He served as a scout observer/senior scout observer.  He attained E-5 promotion list status on             9 February 1970.  He departed Vietnam on 15 March 1970.  He had earned the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

6.  The applicant had no record of disciplinary actions and his conduct and efficiency ratings had all been “excellent” until he departed AWOL on 4 May 1970.  He returned to military control on 29 September 1971.

7.  The court-martial charge sheet and the Chapter 10 packet are not available.

8.  The applicant completed a separation physical on 5 October 1971 and was found qualified for separation.

9.  On 18 October 1971, the applicant was discharged, with a discharge UOTHC, in pay grade E-1.  He had completed 1 year, 7 months and 10 days of active federal service and had 151 days of lost time plus 362 days of lost time subsequent to his normal expiration term of service (ETS).

10.  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, the separation authority may direct a general discharge certificate if such is merited by the soldier’s overall record during the current enlistment. 

CONCLUSIONS:

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.

2.  The Board feels the applicant has a valid contention in that he did serve his country honorably while under arms in Vietnam.  However, such service does not justify upgrading his discharge to fully honorable.  The applicant was a mature individual with over a year and a half experience in the Army and should have been fully aware that being AWOL for such an extended period of time would have severe consequences.

3. In view of the foregoing, it would be in the interest of justice to correct the applicant’s records 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 is separated from the service with a General Discharge Certificate on 18 October 1971.

2.  That the Department issue to him a General Discharge Certificate from the Army of the United States, dated 18 October 1971, in lieu of the under other than honorable conditions discharge of the same date now held by him.

3.  That the applicant be advised that if the VA still does not grant him his requested benefits, since he had more than 180 days of continuous AWOL, he apply for a waiver from the VA, noting that prior to his normal ETS he had only     151 days of continuous AWOL, the remainder of his AWOL being subsequent to his normal ETS.  This is only a recommendation and not a guarantee that the VA will grant him benefits.

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

BOARD VOTE:  

JH_____  FNE_____  TBR__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		       CHAIRPERSON

INDEX

CASE ID	AC98-11412	
SUFFIX		
RECON		
DATE BOARDED	19981209	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	711018	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10. . . . .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.