PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 May 2000                   
	DOCKET NUMBER:   AR1999030060

	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. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		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 discharge be upgraded to honorable.

3.  The applicant states that he tried to get a leave to go home and make his marriage work but they would not let him go.  So he took off to see his wife but she filed for divorce anyway.  He served two tours in Vietnam and was wounded once.

4.  The applicant’s military records show that he enlisted in the Regular Army on 12 December 1968.  He was honorably discharged on 22 September 1969 for the purpose of immediately reenlisting on 23 September 1969 and again on       21 June 1971 for the purpose of immediately reenlisting on 22 June 1971.

5.  The applicant was assigned for his second tour in Vietnam on 16 October 1971 where he served as an engineer equipment mechanic.  His Personnel Qualification Record shows his status changed to patient on 13 November 1971 and he was reassigned stateside in a patient status on 19 November 1971.  There is no evidence he was awarded the Purple Heart.

6.  The applicant was assigned to Fort Riley, KS on 22 March 1972.  

7.  On 8 June 1972, the applicant accepted non-judicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) from 1 – 6 June 1972.  On 17 July 1972, he accepted NJP under Article 15, UCMJ for being AWOL 18 – 19 June 1972; for three specifications of failure to repair; and for being AWOL from 10 – 12 July 1972.

8.  On 12 September 1972, the applicant was convicted by a special court-martial of failing to go to his appointed place of duty and for breaking restriction.  He was sentenced to be reprimanded.

9.  On 31 October 1972, court-martial charges were preferred against the applicant for being AWOL from 19 September to 26 October 1972.

10.  On 1 November 1972, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Chapter 10, Army Regulation 635-200 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 and that he might be deprived of many or all Army and Veterans Administration benefits.  He submitted a statement in his own behalf wherein he stated, in effect, that his previous service had been good.  He served in Vietnam and was awarded the Bronze Star Medal, the Army Commendation Medal and the Purple Heart but since returning from Vietnam he had nothing but trouble.  His wife was very sickly, she was scheduled for yet another operation, and he and she were very nervous about being away from each other.  It would be best if he separated from the Army.

11.  The applicant’s company commander recommended the applicant receive an undesirable discharge.  His battalion commander recommended he receive a general discharge.   On 4 December 1972, the appropriate authority approved his request and directed he receive an undesirable, under other than honorable conditions discharge.

12.  On 7 December 1972, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service with a discharge UOTHC.  He had completed 3 years, 10 months and   10 days of creditable active service and had 46 days of lost time.

13.  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 the charges have been preferred, 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.  If warranted, however, the discharge authority may direct an honorable or general discharge.  A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge.  A member will not necessarily be denied an honorable discharge solely by reasons of a specific number of convictions by courts-martial or actions under Article 15 of the Uniform Code of Military Justice.  It is the pattern of behavior and not the isolated instance which should be considered the governing factor in determination of character of service to be awarded.

14.  On 22 September 1989, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge by a vote of 3 to 2.

CONCLUSIONS:

1.  From a purely regulatory standpoint, the applicant’s discharge from service was accomplished in accordance with applicable laws and regulations in effect at the time of his separation.

2.  However, the Board notes that prior to June 1972 the applicant had a commendable record.  The evidence of record shows he had just returned from Vietnam in a patient status, although with no medical records or Purple Heart orders available it cannot be verified that he was wounded in action.  The conduct which led to his separation, which the Board cannot condone, happened within a short space of time.  His battalion commander recommended he receive a general discharge under honorable conditions.  His overall service for his last enlistment period was not sufficiently meritorious to warrant a characterization of service of fully honorable.  However, the Board concludes his general pattern of behavior over the period of his last enlistment was sufficiently meritorious to warrant an upgrade to a general discharge under honorable conditions in consideration of the guidelines given in Army Regulation 635-200 for determining characterization of service. 

3.  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 showing that the individual concerned was given a general discharge from the Army on 7 December 1972, under the provisions of Chapter 10, Army Regulation 635-200, for the good of the service.

2.  That the individual concerned be issued a General Discharge Certificate from the Army of the United States, dated 7 December 1972, denoting a general discharge in lieu of the discharge UOTHC now held by him.

3.  That the individual concerned be issued a new DD Form 214 reflecting the aforementioned corrections.

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

BOARD VOTE:  

__mkp___  __gdp___  __tbr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030060	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19721207	
DISCHARGE AUTHORITY	AR 635-200, Ch 10. . . . .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.