PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                7 September 2000                 
	DOCKET NUMBER:        AR2000039470

	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. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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 general under honorable conditions discharge be upgraded to honorable.  He also requests correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Bronze Star Medal and the Republic of Vietnam Gallantry Cross with silver star.

3.  The applicant states, in effect, that the Bronze Star Medal and the Republic of Vietnam Gallantry Cross with silver star were never added to his DD Form 214.  Also, he feels that his combat record and food service duties would justify a change in his discharge.  In support of his application, he submits a copy of OSA Form 172 (Case Report and Directive - Page 2) and a certificate for award of the Bronze Star Medal.

4.  The applicant’s counsel contends that the applicant’s overall service is more deserving of an honorable discharge.  Counsel states that a review of the record indicates that the applicant served in Vietnam in a combat military occupational specialty (MOS) and was awarded the Purple Heart and the Bronze Star with “V” Device.  Further, counsel states that the order awarding the Bronze Star Medal clearly indicates that the applicant’s actions were truly courageous and in keeping with the highest standards of the Army.

5.  The applicant’s military records show that he was inducted on 17 November 1966.  He successfully completed basic and advanced individual training and was assigned to Vietnam from 8 May 1967 through 1 April 1968 as a mortar gunner.  The applicant was promoted to specialist four (SP4) and awarded the Purple Heart, the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Campaign Medal with Device (1960) during his assignment in Vietnam.

6.  On 4 December 1968, the applicant was convicted by a special court-martial for being absent without leave (AWOL) for 142 days.  He was sentenced to confinement at hard labor for 3 months and forfeiture of $45 pay per month for 6 months.  The confinement at hard labor for 3 months was suspended for 3 months unless the suspension was sooner vacated.

7.  The applicant’s records show that he was convicted a second time by a special court-martial on 20 August 1969 for AWOL for a total of 217 days.  He was sentenced to confinement at hard labor for 3 months and forfeiture of $55 pay per month for 3 months.  Also, his records show that he was AWOL on various dates between February 1970 and February 1971 for a total of 623 days.

8.  The applicant was pending charges by a third special court-martial for AWOL when separation action was initiated under the provisions of AR 635-212, paragraph 6a, for unfitness based on frequent incidents of discreditable nature with civil or military authorities.  On 12 March 1971, the applicant acknowledged notification of separation action for unfitness, waived his right to a hearing before an administrative separation board, waived legal counsel, and did not submit a statement in his own behalf.  Thereafter, the applicant underwent a separation medical and psychiatric evaluation and was found fit for separation.

9.  On 22 April 1971, the applicant was discharged from the service under the provisions of Army Regulation 635-212, paragraph 6a, for unfitness based on frequent incidents of discreditable nature with civil or military authorities with an under other than honorable conditions discharge.  He had 1 year, 8 months and 25 days of creditable service and 982 days of lost time.

10.  In May 1977, the Army Discharge Review Board (ADRB) upgraded the applicant’s under other than honorable conditions discharge to general under honorable conditions under the DOD Special Discharge Review Program (SDRP).  In June 1978, the Army Discharge Review Board (ADRB), by unanimous vote, denied the applicant’s request to affirm his general discharge awarded by the SDRP.

11.  The applicant’s DD Form 214 does not show the Bronze Star Medal or the Republic of Vietnam Gallantry Cross with silver star as authorized awards.  

12.  The applicant’s personnel records contain 1st Infantry Division General Orders Number 6824, dated 12 July 1968, which awarded him the Bronze Star Medal with “V” Device.

13.  The applicant provided a copy of OSA Form 172 (Case Report and Directive) which shows the entry “GC/w silver star” in Section D (Awards and Decorations).  There are no orders in the applicant’s personnel records which show he was awarded the Republic of Vietnam Gallantry Cross with silver star.  His DA Form 20 (Enlisted Qualification Record) does not list the Republic of Vietnam Gallantry Cross with silver star in item 41 (Awards and Decorations).

14.  The Board noted that the applicant was eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his discharge document.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.  This document also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

16.  Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  An undesirable discharge was normally considered appropriate.

CONCLUSIONS:

1.  The Board notes the applicant’s good service in Vietnam; however, the applicant was AWOL for over 900 days after returning from Vietnam.  The Board determined that his periods of AWOL outweigh this good service.  Therefore, the type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

2.  Evidence of record shows that the applicant was awarded the Bronze Star Medal with “V” Device; therefore, he is entitled to correction of his DD Form 214 to show award of the Bronze Star Medal with “V” Device.

3.  There is no evidence of record available to the Board which shows that the applicant was awarded the Republic of Vietnam Gallantry Cross with silver star; therefore, he is not entitled to award of the Republic of Vietnam Gallantry Cross with silver star.  The Board noted the Discharge Review Board Case Report and Directive (OSA Form 172) provided by the applicant in support of his claim for award of the Republic of Vietnam Gallantry Cross with silver star; however, this document alone is not sufficient as the basis for award of the Republic of Vietnam Gallantry Cross with silver star. 

4.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 will be amended to show these awards.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal with “V” Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

CLA____  WTM____  TBR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi______
		        CHAIRPERSON

INDEX

CASE ID	AR2000039470	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000907	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19710422	
DISCHARGE AUTHORITY	AR635-212. .  	
DISCHARGE REASON	DOD Discharge Review Program (Special)	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.	107.0000	
3.		
4.		
5.		
6.