PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:           10 February 2000                  
	DOCKET NUMBER:   AR1999025216

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham 		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		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 Undesirable Discharge (UD) be upgraded.

3.  The applicant states only that he did not know that he could request an upgrade until more than 30 years had passed.  He provides no documentation in support of his application.

4.  The applicant’s military records show that he was inducted into the Army of the United States (AUS) on 1 March 1967 and underwent basic combat training and advanced individual training as an infantryman.  He served in Vietnam from 26 July 1967 to on/about 3 June 1968.  During his service in Vietnam, he earned the Combat Infantryman Badge (CIB).

5.  The applicant’s initial service in Vietnam was with the 4th Battalion, 9th Infantry Regiment, 25th Infantry Division.  He served with that unit from July 1967 through December 1967.  During that time, he received two summary courts-martial for sleeping on guard duty.  He also began displaying emotional problems and was diagnosed by the Division Psychiatrist as being “emotionally fragile” and having a “schizoid personality.”  Also during his time in the infantry, he developed grand mal seizures of unknown etiology and was hospitalized.  As a result of his medical problems, doctors recommended that he be removed from serving in combat units.  He was then reclassified and transferred to a supply and transportation battalion within the 25th Division.

6.  After his transfer out of a combat infantry unit, he received two more summary courts-martial convictions for failing to go to his appointed place of duty and for not being in the proper uniform for guard mount.  Following his most recent court-martial on 20 April 1968, his commander initiated action to separate him for unfitness under the provisions of Army Regulation 635-212.  There is no documentation in the applicant’s records concerning his administrative discharge; however, there is a signed DD Form 214, Report of Transfer or Discharge, confirming the reason for separation.

7.  The applicant was transferred from Vietnam to Oakland Army Base, California, where he was separated with a UD on 13 July 1968.  He had 1 year, 4 months, and 13 days of creditable service, of which 10 months and 9 days were in Vietnam.  He had no lost time.  His DD Form 214 erroneously reflects 1 May 1967 as the applicant’s date of induction.

8.  Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel who were found to be unfit or unsuitable for military service.  The regulation further provided, in pertinent part, that service members discharged for unfitness would be furnished an undesirable discharge, unless circumstances warranted a general or honorable discharge.  Service members discharged for unsuitability would be furnished an honorable or general discharge.
CONCLUSIONS:

1.  The applicant served 10 months in Vietnam, saw combat, and was awarded the CIB.  He was diagnosed as having a schizoid personality and being emotionally fragile.  He was also hospitalized with grand mal seizures of unknown etiology.

2.  The applicant had four summary court-martial convictions for purely military violations and was separated for unfitness.  His serious medical and psychiatric problems could very well have been directly related to his offenses.

3.  The applicant’s combat service and his psychiatric and medical problems appear to mitigate his record of summary court-martial convictions for purely military offenses.  In view of the foregoing and in the interest of justice and equity, it would be appropriate to correct the applicant’s records as indicated below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by voiding the Undesirable Discharge dated 13 July 1968, now held by the individual concerned; and

	b.  by issuing to him a General Discharge of the same date, but with a corrected date of induction of 1 March 1967 vice 1 May 1967 .

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

BOARD VOTE:  

__VBC__  ___JPS__  ___KLW_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__VAN B. CUNNINGHAM__
		        CHAIRPERSON

INDEX

CASE ID	AR1999025216	
SUFFIX		
RECON		
DATE BOARDED	20000210	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19680713	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A50.00	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.