MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          19 December 2000
	DOCKET NUMBER:  AR2000045962

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            	       records
	Exhibit B - Military Personnel Records (including
		       advisory opinion, if any)

APPLICANT REQUESTS:  That his undesirable discharge be upgraded to general under honorable conditions and that he be awarded the Aircraft Crew Member Badge.

APPLICANT STATES:  That he knows he made a mistake by going AWOL (absent without leave) and now wants to see if it can be corrected.  He contends that his commander picked on him to the point that he would have killed him if he did not go AWOL.  He further states that while in the Republic of Vietnam (RVN), he volunteered for duty as a door gunner and was never awarded an Aircraft Crew Member Badge.  In support of his application he provides copies of letters from two former members of the 57th Medical Detachment verifying that he did perform duty as a door gunner.  He also provided letters from previous employers attesting to his good work and loyalty.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Army on 4 June 1969 for 3 years.  He successfully completed his initial training and was assigned for duty as a cook (94B).  In October 1969 he was assigned to the Federal Republic of Germany where he served for 8 months.

On 15 February 1970 the applicant received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for being disrespectful in language toward his superior noncommissioned officer.  The punishment included a forfeiture of $25.00 and 7 days restriction, both suspended for a period of 60 days.

The applicant reenlisted and was assigned to RVN on 20 July 1970 for duty as a cook with the 3rd and 12th Evacuation Hospitals.  On 26 August 1970 the applicant was medically cleared to perform duty as an aerial gunner.  He departed RVN on 11 July 1971.

The applicant went AWOL from 4 January to 27 February 1972.

The applicant’s discharge packet is missing from his military records.  However, his separation document (DD Form 214) and separation orders, show that he was administratively discharged on 14 April 1972 under the provisions of Army Regulation 635-200, chapter 10 for the good of the service, in lieu of trial by court-martial.  His service was characterized as under other than honorable conditions.  He completed 2 years, 8 months and 16 days of creditable active service and had 55 days lost time.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning individual military decorations to include combat and special skill badges.  Paragraph 8-25 establishes that for permanent award of the Aircraft Crew Member Badge, an individual must be on flying status, have performed duties as a door gunner for not less than 12 months, or have been school trained as a door gunner.

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 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Lacking evidence to the contrary, administrative regularity is presumed in the applicant’s administrative separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial.

2.  The type of discharge directed and the reasons therefor were appropriate considering all available facts of the case.

3.  The applicant’s contention that the reason he went AWOL was because his commander abusively picked on him, is not supported by any evidence in the records, nor has the he provided any substantiating evidence.

4.  The applicant’s good post service conduct, while very commendable, is not sufficient to warrant an upgrade of his discharge.

5.  The applicant was not medically cleared to perform the duties of a door gunner until 5 weeks after his arrival in RVN.  He was reassigned from RVN just 9 days short of a full year.  Therefore, he did not meet the 1 year minimum time requirement for permanent award of the Aircraft Crew Member Badge.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

__JPH___  __RJW__  __KLW__  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000045962	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
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.	A70.00	
2.	107.00	
3.		
4.		
5.		
6.