PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            22 October 1998
	DOCKET NUMBER:   AC98-11523

	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. W. E. Schnupp.		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Fred K. McCoy		Member	
	Ms. Shirley L. Powell		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 on behalf of her father, the former service member (FSM), that his other than honorable discharge be upgraded to honorable.

3.  The applicant states that her father is a decorated Vietnam veteran who received the Purple Heart and an award for heroism and is now terminal with cancer as a result of exposure to Agent Orange.

4.  The FSM’s military records show that he enlisted in the Regular Army for 3 years at age 17, with parental permission, on 8 May 1967.  He had completed 8 years of education.  He served approximately 4 months in Europe and 12 months in Vietnam rising to pay grade E-4.  He was discharged on 19 July 1972 under other than honorable conditions as a result of AWOL and conviction and confinement by civil authorities.  

5.  His awards include the National Defense Service Ribbon, the Vietnam Service Medal, the Vietnam Campaign Medal, the Purple Heart and 2 overseas bars.  Not listed on his DD Form 214, Report of Transfer or Discharge, but found in his military personnel file are 1st Infantry Division general orders awarding him the Army Commendation Medal with “V” device for heroism in Vietnam on 8 September 1969.

6.  During the course of his enlistment, the FSM was AWOL on five separate occasions and served 14 days in military confinement.  He was convicted of armed robbery in the civilian community and subsequently confined by civil authorities.  During his civil confinement, he was discharged under other than honorable conditions with 833 days lost time.

7.  In his applications for reconsideration/clemency of his separation, the FSM claimed that he became addicted to heroin during his tour in Vietnam and it was while so addicted that he committed armed robbery.  The record shows that his service while in Vietnam was characterized as excellent.  He contends that, the AWOL periods, while numerous, where just youthful indiscretions.

8.  The FSM’s request for discharge upgrade was considered and denied by the Army Discharge Review Board on 6 March 1974 and this Board on 29 January 1975.

9.  Army Regulation 635-200, Enlisted Separations, provides the types of administrative discharges and the character of service which reflects the nature of the service performed.  An honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier’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.  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.  

CONCLUSIONS:

1.  An overall perspective of the FSM’s almost 3 years of service reveals a young man with little formal education who barely met the standards expected of him in most of his military assignment.  Based on his quality of service, it would appear that his original discharge under other than honorable conditions was appropriately characterized.  However, in deciding on that discharge the FSM’s Vietnam service, and especially his award for valor and the Purple Heart, may not have received full consideration.

2.  Even after considering his satisfactory service in a combat zone, however, his overall record is not so meritorious as to rate a fully honorable discharge.

3.  Nevertheless, in the interest of justice it would be appropriate that his discharge under other than honorable conditions on 19 July 1972 be upgraded to a general discharge under honorable conditions.

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:

	a.  showing that the individual concerned was issued a general discharge under honorable conditions in lieu of the other than honorable discharge he now holds; and

	b.  issuing to him a General Discharge Certificate dated 19 July 1972.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON