PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 June 2002
	DOCKET NUMBER:   AR2002069825

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Regan K. Smith		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 discharge be upgraded to general under honorable conditions and that his Report of Transfer or Discharge, DD Form 214, be corrected to show his correct overseas service time and his correct place of entry into current active service.

3.  The applicant states that he was separated on temporary records.  His DD Form 214 shows his incorrect creditable overseas service and place of entry into current active service.  He provides his DD Form 214 as supporting evidence.

4.  The applicant’s military records show that he enlisted in the U. S. Army Reserve on 8 September 1966.  He enlisted in the Regular Army on 17 October 1966 from Ashland, KY.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 76A (Supply Clerk).

5.  The applicant was assigned to the 226th Supply and Service Company, Vietnam on or about 28 March 1967.  On 6 October 1967, he was convicted by a special court-martial of sleeping upon his post as a sentinel.  His sentence was a reduction to pay grade E-1, a forfeiture of $64.00 pay for three months, and confinement at hard labor for three months.  His Enlisted Qualification Record, DA Form 20, shows he was in confinement for 49 days from 3 November through 22 December 1967.  On 20 January 1968, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for absenting himself from his place of duty and disobeying a lawful order.  He departed Vietnam on 8 May 1968 after having been assigned there for 11 months and 22 days (confinement time excluded).

6.  On 8 October 1968, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for having an alcoholic beverage in his place of duty while on duty.

7.  The applicant returned to Vietnam and was assigned to the 525th Quartermaster Company on or about 20 November 1968.  An Extract Copy of Morning Report, DA Form 188, shows that he was a reassignment loss to the 383d Quartermaster Detachment on 22 March 1969.  A letter from The Adjutant General’s Office dated 1 April 1970 to the applicant’s sister inquired as to his whereabouts and noted that he had been absent without leave (AWOL) since   20 March 1969.  His DD Form 214, items 26a and 30 show that he was AWOL from 30 March 1969 through 29 March 1970.  

8.  The applicant’s discharge in lieu of trial by court-martial packet is not available.  A Report for Suspension of Favorable Personnel Actions, DA Form 268, dated 4 June 1970 shows that he was pending special court-martial.  An interim DA Form 268 shows that he was given a chapter 10 discharge.  

9.  The applicant’s DD Form 214 shows that he was discharged on 14 July 1970 with an undesirable discharge on temporary records and his affidavit after completing 2 years, 8 months, and 13 days of creditable active service with no prior service.  Item 20 erroneously shows his place of entry into current active service as Iceland, KY.  Item 22c shows that he completed 7 months and 
29 days of creditable foreign service (only the creditable service during his second Vietnam tour).  Item 30 shows his Vietnam service as 16 November 1968 through 29 March 1969 and 30 March through 10 July 1970 (only his second Vietnam tour) and that he had 375 days of lost time from 30 March 1969 through 29 March 1970 (lost time only from his second Vietnam tour).  

10.  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 submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  A discharge under other than honorable conditions is normally considered appropriate.

11.  Department of the Army Pamphlet 672-3 states that, in 1974, all units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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.  In regards to that portion of his request pertaining to an upgrade of his discharge, the applicant has failed to submit evidence that would satisfy this 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 applicant was separated on temporary records.  This resulted in several errors regarding his service (active, other, and foreign) and time lost.  Although there is some conflicting information in the applicant’s records concerning when he departed AWOL, the Board will accept the date of 30 March 1969 as shown on his DD Form 214.  However, he also had 49 days of lost time (confinement) from his first tour in Vietnam.  Items 22, 26a, and 30 should be corrected to account for all the applicant’s service (including his service in the U. S. Army Reserve), lost time, and Vietnam service.

3.  An error was made in item 20 of the applicant’s DD Form 214.  He entered service from Ashland, not Iceland, KY.

4.  The applicant is also eligible to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214 be corrected:

     a.  in item 20 to change Iceland, KY to Ashland, KY;

     b.  in item 22 to account for his enlistment in the U. S. Army Reserve on         8 September 1966, all his lost time, and all his service in Vietnam;

     c.  in item 26a to show all his lost time;

     d.  in item 30 to show all his service in Vietnam and all his lost time; and

     e.  in item 24 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

     JLP          AAO           RKS       GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		        Jennifer L. Prater
		        CHAIRPERSON

INDEX

CASE ID	AR2002069825	
SUFFIX		
RECON		
DATE BOARDED	2002/06/04	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1970/07/14	
DISCHARGE AUTHORITY	AR 635-200, ch 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	100.00	
3.		
4.		
5.		
6.