PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            20 July 2000                  
	DOCKET NUMBER:   AR1999030847

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Kenneth L. Wright		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, in effect, that his undesirable discharge (UD) be upgraded to general, under honorable conditions (GD).

3.  He states, in effect, that he requires an upgrade in order to obtain Veterans Administration medical benefits because he is a terminally ill patient with an Agent Orange associated cancer.

4.  The applicant’s military records show that he enlisted on 16 July 1969 in the Regular Army for a period of 3 years.  He successfully completed basic combat training at Fort Bliss, Texas, and advanced individual training in military occupational specialty 67B (Fixed Wing Crew Chief) at Fort Rucker, Alabama.

5.  On 20 December 1969 the applicant departed Fort Rucker, Alabama, in casual status en route to Vietnam.

6.  The applicant’s personnel record show he served in Vietnam from 25 January 1970 to 16 January 1972 and participated in the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII campaigns.

7.  On 1 October 1970, while in Vietnam, the applicant was convicted by a special court-martial of possession of heroin.  He was sentenced to confinement at hard labor for 6 months, reduction to private/E-1, and a forfeiture of $76 pay per month for 6 months.  The applicant was confined from 
2 December 1970 to 29 April 1971. 

8.  Headquarters, 1st Aviation Brigade General Orders Number 10864, dated
4 November 1970, shows he was awarded the Army Commendation Medal for meritorious service from 15 January - 15 June 1970. 

9.  On 16 January 1972 the applicant departed Vietnam in casual status en route to Fort Polk, Louisiana.

10.  On 24 February 1972 the applicant departed absent without leave (AWOL) and remained so absent until 2 October 1972.  

11.  On 11 October 1972, while awaiting disposition of the previous AWOL charges, the applicant again departed AWOL.  He surrendered to military authorities at Fort Hood, Texas, on 20 January 1973.

12.  On 24 January 1973 he requested a discharge under the provisions of chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial.  The appropriate authority approved his request for discharge and issuance of a UD.  Accordingly, on 12 February 1973 he was discharged and credited with 2 years, 8 months and 10 days of active military service.

13.  The applicant was separated from the Army on temporary records.  The applicant’s personnel records reflect his Vietnam service and the medals he earned, however, the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show his dates of service in Vietnam, the award of the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal with 1960 Device.

14.  Army Regulation (AR) 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. 

15.  AR 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation, in effect at the time, required that service on or after 5 August 1964 in Indochina and Korea be shown in iterm 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

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

CONCLUSIONS:

1.  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.

2.  The applicant failed to submit evidence to the satisfaction of the Board that his separation from service was in error or unjust.

3.  The applicant served in Vietnam from 25 January 1970 to 16 January 1972.  Therefore, in accordance with governing regulation in effect at the time, the applicant is entitled to correction of item 30 (Remarks) on his DD Form 214 to show his dates of service in Vietnam.

4.  Evidence of record shows the applicant was awarded the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal with 60 Device.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  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:

	a.  by showing the entries Army Commendation Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device, and the National Defense Service Medal in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and   

	b.  by showing the entry “VIETNAM SERVICE:  25JAN70 – 16JAN72” in item 30 (Remarks) of his DD Form 214. 

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

BOARD VOTE:  

__sac___  __amc__  ___klw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030847	
SUFFIX		
RECON		
DATE BOARDED	200000720	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19730212	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	144.7100.0000	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.9235.0000	
2.	144.9447.0000	
3.	144.0100.0000	
4.		
5.		
6.