PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 January 2000                   
	DOCKET NUMBER:   AR1999029799

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, 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 discharge be upgraded to a general discharge under honorable conditions.

3.  The applicant states that when he returned from Vietnam after being wounded, he was confused and did not feel he was useful to the Army or himself. He went absent without leave (AWOL) due to these feelings.  He provides no supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on 14 June 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was assigned to Vietnam on 8 December 1968 where he performed duties as a light weapons infantryman.  He was wounded (fragmentation wound in his right leg) on 25 January 1969.  He was medically evacuated to Womack Army Hospital, Fort Bragg, NC on 9 February 1969.

5.  The applicant was AWOL from 10 through 12 April 1969.  On 7 November 1969, he was convicted by a special court-martial of being AWOL from 30 May through on or about 8 October 1969.  He was sentenced to be reduced to pay grade E-1, to be confined at hard labor for 3 months, suspended, and to forfeit $30.00 pay for 3 months.  He was released from confinement on 11 December 1969.  He departed AWOL 24 December 1969.

6.  On 9 December 1970, court-martial charges were preferred against the applicant charging him with AWOL for the periods on or about 20 December 1969 until on or about 3 August 1970 and on or about 20 October 1970 until on or about 7 December 1970. 

7.  On 9 December 1970, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation     635-200, Chapter 10 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions (UOTHC) and that he might be deprived of many or all Army and Veterans Administration benefits.  He elected not to submit a statement in his own behalf.

8.  On 25 January 1971, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.

9.  On 3 February 1971, the applicant was discharged with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 10, discharge in lieu of trial by court-martial.  He had completed 1 year, 5 months and 26 days of creditable active service and had 548 days of lost time.  His DD Form 214 does not show award of the Purple Heart, Combat Infantryman Badge, National Defense Service Medal (NDSM) or Vietnam Service Medal (VSM).  (His DA Form 20, Personnel Qualification Record, does show he was awarded the NDSM and the VSM.)  His DD Form 214 does erroneously show (items 22c and 30) that he served 1 year in Vietnam.

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.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It also provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and who actively participates in such ground combat. 

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.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.  The Board notes that many other draftees returned from Vietnam through the medical evacuation process after being wounded and went on to honorably complete their terms of induction.  Considering the frequency and lengths of the applicant’s AWOLs, plus the fact he was given one chance for redemption when he was court-martialed and not given a punitive discharge, the type of discharge given was and still is appropriate.

3.  However, the Board does recognize that the applicant did meet the criteria for award of the Combat Infantryman Badge and he was wounded in combat and so is entitled to award of the Purple Heart.  He was also awarded the NDSM and the VSM.

4.  The Board also notes the errors on the applicant’s DD Form 214 that show he served in Vietnam for 1 year.  His normal 1-year tour was cut short when he was medically evacuated on 9 February 1969.  Therefore, he served in Vietnam for 2 months and 1 day (from 8 December 1968 through 8 February 1969).

5.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the applicant’s DD Form 214, item 24 to add the Purple Heart. the Combat Infantryman Badge the National Defense Service Medal and the Vietnam Service Medal; item 22c to read 0 years, 2 months and 1 day; and item 30 to read “ITEM 22c:  SERVED IN VIETNAM FOR THE PERIOD 8 DEC  68 – 8 FEB 69 INCLUSIVE.”

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

BOARD VOTE:  

__inw___  ___sk___  __eja___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Irene N. Wheelwright
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029799	
SUFFIX		
RECON		
DATE BOARDED	20000127	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19710203	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	A70.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.