PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 September 1999                   
	DOCKET NUMBER:   AR1999022151

	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:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Kathleen A. Newman		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, in effect, that his discharge be upgraded to honorable.

3.  The applicant states that he received an honorable discharge and served in Vietnam but the VA will not accept that discharge.  Supporting evidence is as listed on the DD Form 149.

4.  Counsel makes no contention.

5.  The applicant's military records show that he was initially inducted into the Army on 25 September 1962.  After accepting non-judicial punishment on at least three occasions and being convicted by one special court-martial and three summary court-martials of various offenses (as the evidence of his prior service records and the discussion in his elimination packet notes), the applicant was discharged under the provisions of Army Regulation 635-208 for unfitness with a discharge under other than honorable conditions on 20 March 1964.

6.  (Only partial records for the applicant’s subsequent service are available.)

7.  On 15 February 1967, the applicant reenlisted.  He arrived in Vietnam on     10 July 1967 where he served with Company B, 15th Engineers, 9th Infantry Division as a pioneer and combat engineer.  He was honorably discharged on     30 November 1968 for the purpose of immediately reenlisting on 1 December 1968.  He departed Vietnam on 6 February 1969.  He had been awarded the Army Commendation Medal on General Orders 707, 9th Infantry Division, dated   21 January 1969.

8.  Between November 1969 and June 1970, the applicant had four periods of being absent without leave (AWOL) and three periods of confinement.  
9.  (Most of the applicant’s discharge packet is missing.)

10.  On 13 July 1970, the appropriate commander approved the applicant’s request for discharge under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service and directed he be furnished an Undesirable, Under Other Than Honorable Conditions, Discharge Certificate.

11.  On 21 July 1970, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service with a discharge UOTHC.  He had completed 3 years and 23 days of creditable active service and had 137 days of lost time for that period of service.  His DD Form 214 does not show he was awarded the Army Commendation Medal.

12.  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.

CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement and, 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 does conclude that a Government error was made in not adding the Army Commendation Medal to the applicant’s last DD Form 214.

3.  It is not within the jurisdiction of the Department of Defense to determine eligibility for VA benefits.  The applicant may consider resubmitting his claim to the VA after receiving verification that he was awarded a personal decoration during his Vietnam service.

4.  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 be corrected by showing the award of the Army Commendation Medal for the period of service ending 21 July 1970.

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

BOARD VOTE:  

__jma___  __tsk___  __kan___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			James M. Alward
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999022151	
SUFFIX		
RECON		
DATE BOARDED	19990915	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19700721	
DISCHARGE AUTHORITY	AR 635-200, Ch 10. . . . .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	107.0020	
3.		
4.		
5.		
6.