PROCEEDINGS

	

	BOARD DATE:                 6 May 1999 
	DOCKET NUMBER:        AC 98-11064
				        AR1998007821

	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. Wyman N. Bailey		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Carol Jo Suiter		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 discharge under other than honorable conditions be upgraded.

3.  The applicant states that his military service is more deserving than a discharge under other than honorable conditions.  He further states that his combat service in the Republic of Vietnam (RVN) is what led to his stress and family problems.  Submitted with the applicant’s application to this Board is a copy of his Separation Document (DD Form 214), dated 21 March 1975, and a copy of a Narrative Summary, Standard Form 502, (SF 502), dated 13 March 1974, from the Womack Army Hospital, Fort Bragg, North Carolina.  Although, his application to the Board indicates that he also submitted character statements from friends, none were attached to this application.   

4.  The applicant’s military records show that he enlisted in the Regular Army for a period of 3 years, and in block 20 of the DD Form 4 (Enlistment Record) it shows that he was convicted of being drunk in February of 1961 by civil authorities and was fined $25.00.  He completed basic and advanced individual training and was awarded the Military Occupational Specialty (MOS) of 630.07 (Wheel Vehicle Mechanic Helper).  He also attended basic airborne training and was awarded the Parachute Badge on 30 April 1963.   

5.  After assignments at Fort Bragg, North Carolina, and Fort Leonard Wood, Missouri, he was assigned to Headquarters and Headquarters Company, 1st Special Forces, in the Federal Republic of Germany (FRG) on 17 January 1965.  He was promoted to pay grade E-5.  On 10 May 1965 and nonjudicial punishment was imposed against him on 6 April 1966 for operating a motor vehicle while drunk and without a driver’s license.  The punishment imposed consisted of a reduction in pay grade from E-5 to E-4.  

6.  Nonjudical punishment was again imposed against the applicant on 10 September 1965 for failure to report to his place of duty to wit: reveille formation.  The punishment imposed consisted of revocation of the applicant’s pass privileges for the remainder of the exercise his unit was participating in, forfeiture of $30.00 for 1 month and 14 days extra duty.  On 2 June 1966, nonjudical punishment was again imposed against the applicant for a uniform violation and his failure to pay a just debt incurred at a German Gasthaus (a cafe which serves alcoholic beverages).  The punishment imposed consisted of a reduction in pay grade from E-4 to E-3 (suspended until 3 September 1966), 14 days extra duty and 14 days restriction.  

7.  The applicant was reassigned to the RVN on 3January 1966, and served with the 5th Special Forces Group from 29 November 1966 to 4 April 1969 a period in excess of 3 years.  

8.  During his assignment in the RVN he was promoted to pay grade E-5 on 11 March 1967, was awarded the Combat Infantryman Badge on 19 May 1967, the Army Commendation Medal for meritorious service in connection with military operation against a hostile force, and promoted to pay grade E-6.  

9.  His other awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Good Conduct Medal, the Vietnam Cross of Gallantry (with palm), and the Vietnam Special Forces Jump Wings.   

10.  He was assigned to the 146th Engineer Detachment, as a Control Adviser (Airborne), Fort Gulick, in the Panama Canal Zone from 19 May 1971 to 20 December 1972.  During this assignment nonjudicial punishment was imposed against him for an authorized absence from 6 January 1972 to on or about 8 January 1972. The punishment imposed consisted of forfeiture of $100.00 per month for 1 month and restriction to Fort Gulick, with an exception of attendance at Alcoholic Anonymous (AA) meetings for 30 days (the punishment was suspended for 60 days.  The Enlisted Efficiency Reports (EER’s) for the period 13 January 1971, while assigned in the Canal Zone indicate he performed his duties and responsibilities in a below to excellent manner.  His EER for the period October 1971 to April 1972 contains, in the rater’s comments reference to the “applicant undergoing treatment”.  His reviewer states that if the applicant continues to fail to respond adequately to treatment for his alcoholism, his recommendation would be that the applicant be barred from reenlistment with the possibility of elimination from military service. 

11.  The applicant returned to Fort Bragg, North Carolina, and was assigned to the 307th Engineer Battalion (Airborne), his EER’s for the period February 1973 to September 1973, and October 1974 to January 1974, indicate that the applicant performed his duties and responsibilities in an above average manner.  The applicant’s reviewer went as far as stating in his comments that the applicant “possesses First Sergeant potential”.  

12.  The SF 502 shows, that the applicant was admitted to the Womack Army Hospital, on 8 January 1974, through the Operation Awareness Program, for chronic alcoholism.  During the applicant’s course in the hospital, he was treated and detoxified from alcohol, and participated in therapy programs, which included group counseling and activities.  

13.  On 13 March 1974, it was recommended that the applicant be discharged to a Halfway House for further structured support.  The applicant graduated to the outpatient Operation Awareness Program.  It further was recommended that the applicant be returned to duty.   

14.  On 19 March 1974, nonjudicial punishment was imposed against the applicant for failure to go to his appointed place of duty and for a 5-day period of AWOL.  The punishment consisted of reduction in pay grade from E-6 to E-5 and a forfeiture of $150.00 per month for 2 months (with the reduction in pay grade being suspended for 90 days).  He was reduced to pay grade E-5 on 20 March 1974.   

15.  The applicant was convicted by special court-martial of being absent without proper authority from 12 June 1974 to on or about 17 June 1974.  He was sentenced to reduction in pay grade from E-4 to E-2, and a forfeiture of $150.00 for 2 months (with the execution of the forfeiture set aside).  He was again convicted by special court-martial on 15 January 1974 of being absent without proper authority from 10 September 1974 to on or about 17 December 1974.  He was sentenced to confinement with hard labor for 4 months.   

16.  The applicant’s separation document (DD Form 214), shows that he was discharged from the Army on 21 March 1975, while assigned to the US Army Retraining Brigade, Fort Riley, Kansas, under other than honorable conditions, in accordance with Army Regulation 635-200, paragraph 13-5(1).  He had 11 years, 10 months and 14 days active duty service.   

17.  Army Regulation 635-200, then in effect, sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 established policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action was to be taken to separate a member for misconduct when it was clearly established that rehabilitation was impracticable or was unlikely to succeed.   

CONCLUSIONS:

1.  The records clearly show that the applicant had problems with alcoholism as early as 1962.  All of the applicant’s periods of misconduct ties to his abuse of alcohol.  It also is evident that he was able during extended periods to be fully capable of performing his duties and responsibilities.  

2.  His 3-year assignment to the RVN is noteworthy.  He showed that he was capable of overcoming his previous indiscretions by being advanced in pay grade from E-4 to E-6.  In addition he earned the award of the Combat Infantryman Badge and was awarded the Army Commendation Medal.   

3.  The records show that his chain of command was aware of the applicant’s problems with alcohol as early as 6 April 1966, when nonjudicial punishment was imposed against him for driving while drunk, and again for his failure to pay his just debt at a German Gasthaus on 2 June 1966.  

4.  It was not until 1974, after the applicant had been discharged from the alcohol treatment program and returned to duty, that he set a pattern of being in extended periods of absence without leave, which lead to his eventual court-martial convictions, his confinement at hard labor, and his discharge from the Army under other than honorable conditions.  

5.  It is not the Board’s intention to condone the applicant’s periods of misconduct or his abuse of alcohol.  However, this Board finds that the applicant’s 11 years, 10 months, and 14 days of active military service is more deserving of a discharge under honorable conditions (general).  This seems especially true in view of the fact that his performance and conduct were highly professional when he was sober.   

9.  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 discharged under honorable conditions (general) on 21 March 1975.   

2.  That the Department of the Army issue to him a General Discharge Certificate in lieu of the discharge under other than honorable conditions now held by him.

3.  That the Department of the Army issue to him a new DD Form 214 reflecting the corrections directed herein.

BOARD VOTE:  

CJS____  _FNE____  _EWL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11064/AR1998007821	
SUFFIX		
RECON		
DATE BOARDED	19990506	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	144	
2.		
3.		
4.		
5.		
6.		

         S:  16 Aug 99

SFMR-RBR - 1st End (6 May 99, Docket Number AC98-11064/AR1998007821)
SUBJECT:  ABCMR Proceedings

HQDA, OASA, Arlington, Virginia  22202-4508                                      10 Jun 99

TO:  US Army Review Boards Agency Support Division - St. Louis
        ATTN:  SFMR-RBR-SL, 9700 Page Avenue, St. Louis, Missouri 63132-5200

1.  Under the authority of Title 10, United States Code, section 1552, the recommendation of the Army Board for Correction of Military Records is hereby approved, and it is directed that all of the Department of the Army records of the individual concerned be corrected as shown under Recommendation in the Proceedings of the Board in this case.

2.  Request necessary administrative action be taken to effect the correction of records as indicated no later than 16 August 1999.  Further, request that the individual concerned and counsel, if any, as well as any members of Congress who have shown interest be advised of the correction and that the Board for Correction of Military Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:

Karl F. Schneider
Deputy Assistant Secretary
(Army Review Boards)

Encls 

CF:
Applicant
(   ) OMPF
(   ) SFMR/pmp
(   ) DFAS
(   ) American Legion 
(   ) Bailey