PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           16 OCTOBER 2001
	DOCKET NUMBER:   AR2001058407

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman, Jr.		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 records show that he was awarded the Bronze Star Medal.  He also requests that two records of nonjudicial punishment under Article 15, UCMJ, be removed from his records.  He requests that his                DD Form 214 reflect his specialty title as a combat engineer and not as a woodchopper. 

3.  The applicant states that he was awarded the Bronze Star Medal at Letterman General Hospital in 1968.  He states that while he was a patient at Letterman he went home and was late in returning.  He was given permission [to return late] on the phone, but apparently that permission was not documented.  He states that he was a combat engineer and not a woodchopper.

4.  The applicant’s military records show that he entered on active duty on         10 April 1967, completed training and in December 1967 was assigned to an engineer battalion in Vietnam.  He was wounded in action on 9 January 1968 and was awarded the Purple Heart.  On 7 February 1968 the applicant was reassigned to Letterman General Hospital as a patient.  

5.  On 8 June 1968 the applicant was awarded the Bronze Star Medal for meritorious service for the period 7 December 1967 through 9 January 1968.

6.  On 14 November 1968 the applicant received nonjudicial punishment for being AWOL from 9 November 1968 to 13 November 1968.  On                        28 February 1969 he received nonjudicial punishment for being AWOL from      19 February 1969 to 27 February 1969.  On both occasions the applicant stated that he did not want a trial by court-martial.  He did not submit any matters in extenuation, mitigation, or defense.  He did not appeal the punishments given.   

7.  In March 1969 the applicant was transferred to Fort Ord, California as a light vehicle driver.  On 11 February 1970 the applicant was arraigned, tried, and convicted by a summary court-martial of AWOL from 8 December 1969 to           8 January 1970.

8.  The applicant was released from active duty on 22 May 1970 under honorable conditions.  His specialty number and title on his DD Form 214 shows that his military occupational specialty ( MOS) was 12A1P and that he was a Pioneer.  His related civilian occupation shows Woodchopper.  The applicant’s                DD Form 214 does not reflect award of the Bronze Star Medal.  He had 3 years of service and 43 days of lost time.

9.  Army Regulation 27-10 provides policy for the administration of military justice.  Chapter 3 provides that nonjudicial punishment is appropriate in all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate.  It is a tool available to commanders to correct, educate and reform offenders whom the commander determines cannot benefit from less stringent measures; to preserve a member's record of service from unnecessary stigma by record of court-martial conviction; and to further military efficiency by disposing of minor offenses in a manner requiring fewer resources than trial by court-martial.  The imposing commander is not bound by the formal courts-martial rules of evidence and may consider any matter, including unsworn statements the commander reasonably believes to be relevant to the case.  Furthermore, whether to impose punishment and the nature of the punishment are the sole decisions of the imposing commander.

CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal.  That medal should be reflected on his DD Form 214.

2.  As its name indicates, nonjudicial punishment is different from a trial by court-martial.  A nonjudicial punishment hearing is a more informal proceeding where the rules of evidence need not be strictly applied.  Before he elected to accept nonjudicial punishment the applicant was made aware of these differences and of his right to demand court-martial where he would receive the protection of the rules of evidence.  Instead he chose to have the matter settled at nonjudicial punishment.  

3.  The NJP was imposed in compliance with applicable laws, regulations and policies.  The punishment imposed was neither unjust nor disproportionate to the offense, and there is no evidence of any substantive violation of any of the applicant's rights.  

4. The applicant accepted the nonjudicial punishments, did not offer any matters in extenuation, mitigation, or defense, and did not appeal the punishments.  There is no evidence nor has the applicant submitted any to show that his absences from Letterman General Hospital were excused.  Consequently, there is no reason to expunge the records of nonjudicial punishment from his file.

5.  The applicant’s military occupational specialty reflected on his DD Form 214 was that of a pioneer, MOS 12A1P, an MOS title then in effect in the combat engineer career management field.  His MOS and title are correct.  

6.  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 by showing that the individual concerned was awarded the Bronze Star Medal. 
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__RVO__  __RKS __  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2001058407	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011016	
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.	107.00	
2.	100.05	
3.	126.04	
4.		
5.		
6.