PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            11 August 1999                  
	DOCKET NUMBER:   AR1999018908

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		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 that his discharge under conditions other then honorable in lieu of court-martial for AWOL be upgraded to honorable; that his discharge show his foreign service, and that it also show he was awarded an Overseas Service Ribbon, an Army Achievement Medal (AAM), an Army Commendation Medal (ARCOM), and the Southwest Asia Service Medal.

3.  The applicant states the awards and foreign service are not noted on his 
DD Form 214 and that he was advised that he would receive an honorable discharge.

4.  The applicant’s military records show that he enlisted in the Regular Army on 26 July 1989.  He rose to the rank of E-4.  He was an 82C10, Field Artillery Surveyor.  He was awarded the Good Conduct Medal for the period 25 July 1989 to 24 July 1992 on orders from Fort Bragg.  There is no record of any other award available.  There is no chronology of duty assignments available in the applicant's military record.  His last unit of assignment was HHC Battery, 
3rd Battalion, 18th Field Artillery, Fort Bragg, NC.  

3.  The applicant went AWOL from HHC Battery on 19 October 1992 until he was apprehended at Fort Lee on 10 September 1993 and then confined at the Personnel Control Facility at Fort Dix, NJ.  His military defense counsel stated that the applicant's father was 100% disabled and that his mother had been in a car accident.  The applicant had requested a hardship discharge which was denied.  He then requested discharge under the Army draw down which was denied.  Under these circumstances, he went AWOL.  After return to military control at Fort Dix, the applicant requested discharge in lieu of court-martial, which was granted. His record contains a statement signed by the applicant that states, "I understand that, if my request for discharge is accepted, I may be discharged under conditions other than honorable and furnished an Under Other Than Honorable Discharge Certificate."  The applicant's legal counsel signed a statement on the same form that the applicant had been briefed on the consequences of having an under other than honorable conditions discharge.  

4.  The applicant's counsel submitted a letter requesting a general discharge for the applicant under the circumstances and considering his 3 years and 4 months honorable service and his honorable service in Operations Desert Storm and Desert Shield serving with the 1/3 Field Artillery.  The military legal defense wrote, "He (the applicant) is a 22 year old kid who honorable served his country during a time of crisis.  When crisis struck his own family, he was unable to get Army support.  He made a terrible mistake by going AWOL, but he has repented for that mistake and now needs to go on with his life.  A General Discharge will greatly assist this young man in that endeavor."  The Fort Dix Personnel Control Facility Commander had a choice of recommending a general discharge or an other than honorable discharge; he recommend the 'usual' "other than honorable" discharge as did the Fort Dix Transition Point Commander.  The separation authority approved the request and directed the 'usual' other than honorable discharge but also had the option to direct a general discharge.  There is no indication that the applicant's full military career performance and conduct were considered as Fort Dix only had a skeleton file on the applicant.  There was no mention of consideration of his Good Conduct Medal or other possible awards.  The applicant was discharged on 14 January 1994 under conditions other than honorable.

CONCLUSIONS:

1.  The applicant served an honorable career for 3 years and 4 months as indicated by award of the Good Conduct Medal for 3 of those years.  His missing original military file may have provided even more evidence of commendations and meritorious service based on what evidence is now available.  His AWOL was under extenuating circumstances and only resorted to, under extreme family hardship, when he found no other recourse through normal channels.  There is no evidence that those who recommended and approved the applicant's discharge under conditions other than honorable knew of or appreciated his commendable service prior to the AWOL or the full extent of his hardship, and failure of the system to help him properly address the hardship that caused him to take such drastic steps.  In light of these considerations, and as a matter of warranted compassion, the applicant's discharge should be upgraded to general. There is no evidence that the applicant was promised an honorable discharge.

2.  Unfortunately, in the absence of a complete record, there is no evidence of award of the AAM and ARCOM.

3.  The applicant's military legal counsel's letter should be accepted as secondary evidence that the applicant did serve overseas in Germany and Desert Shield/Desert Storm.  On this basis, the applicant's DD Form 214 should show that he was awarded the Southwest Asia Service Medal and one overseas service bar.  Since exact dates for service in Germany and Southwest Asia are not known due to missing records, only an assumption can be made that the applicant's foreign service was at least 6 months based on general history of military commitment in those areas.  The DD Form 214 should show 6 months foreign service.

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 for the individual concerned by:

	a.  changing his under other than honorable conditions discharge to a general discharge;

	b.  showing on his DD Form 214 that he was awarded the Good Conduct Medal, the Southwest Asia Service Medal, and one Overseas Service Bar; and

	c.  showing on his DD form 214 that he had 6 months foreign service.

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

BOARD VOTE:  

__jhk____  _wtm___  __jpi____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John H. Kern__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018908	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990811	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.