ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  24 June 2019

	DOCKET NUMBER:  AR20170004905


APPLICANT REQUESTS:  Upgrade of his under other than honorable conditions 
discharge to honorable and restoration of his rank to staff sergeant (SSG)/E-6.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	pages 90 through 96 of 414 of his Department of Veterans Affairs (VA) 
Compensation and Pension Examination

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records (ABCMR) conducted a substantive review of this case and determined 
it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states that unknown to him at the time, he was and still is suffering 
from post-traumatic stress disorder (PTSD).  This is verified by the 80 percent disability 
rating awarded to him by the VA.  His conduct was an attempt to save his marriage at 
the time, which it did not, and ended up costing him his military career, his wife, and 
three children.  

3.  The applicant enlisted in the Regular Army on 13 November 1967.  

4.  On 8 October 1968, he was found guilty by a special court-martial of being absent 
without leave (AWOL) from 5 August to 4 September 1968.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in 
Vietnam from 24 April 1969 to 3 April 1970.  His DA Form 20 shows in item 40 
(Wounds) he sustained a punji stake wound to the right hand on 15 July 1969 and a 
fragment wound to the left calf on 20 August 1969.  

6.  The Vietnam War casualty roster shows the applicant as wounded as a result of 
hostile action on 20 August 1969.  The casualty roster does not show the applicant as 
wounded in action on 15 July 1969.  

7.  His available records contain orders for the Purple Heart for wounds received by a 
hostile force on 21 August 1969.  Orders for the Purple Heart for wounds received by a 
hostile force on 15 July 1969 were not found in the applicant's available records.

8.  The applicant was honorably discharged on 16 November 1970 for the purpose of 
immediate reenlistment.  He was issued a DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) that shows he was awarded, among other 
awards, the Purple Heart (one award only) and the Combat Infantryman Badge.

9.  The applicant reenlisted on 17 November 1970 for a period of three years.  His DA 
Form 20 shows he was promoted to the rank of SSG/E-6 on 1 September 1972.  He 
reenlisted on 6 November 1973 for an additional four years.  

10.  On 29 October 1975, the applicant departed AWOL and remained AWOL until he 
surrendered to military authorities on 23 January 1976.  Prior to departing AWOL, the 
applicant left a letter addressed to "who it may concern" indicating that the reasons for 
his decision to go AWOL were his discontent with the military school he was attending 
and the separation from his family.

11.  On 26 January 1976, court-martial charges were preferred against him based on 
his AWOL offense.

12.  On 26 January 1976, the applicant consulted with legal counsel and voluntarily 
requested discharge under the provisions of Army Regulation 635-200 (Personnel 
Separations – Enlisted Personnel), chapter 10, for the good of the service in lieu of trial 
by court-martial.

13.  In doing so, he acknowledged the charges preferred against him under the Uniform 
Code of Military Justice (UCMJ) authorized the imposition of a bad conduct or 
dishonorable discharge.  He further acknowledged:
*	he had not been subjected to coercion with respect to his request for discharge
*	he had been advised of the implications that were attached to the discharge
*	he was guilty of the charges against him 
*	he could be discharged under other than honorable conditions and he could be 
ineligible for many or all benefits administered by the VA 
*	he could be deprived of many or all Army benefits and he could be ineligible for 
many or all benefits as a veteran under both Federal and State laws
*	he could expect to encounter substantial prejudice in civilian life by reason of an 
undesirable discharge

14.  In connection with his request for discharge, he provided a letter addressed to the 
"Commanding General, Fort Sill, OK, explaining the reasons for his AWOL offenses and 
pointing out his accomplishments throughout his entire military service.

15.  On 10 February 1976, the separation authority approved his request and directed 
the issuance of an Undesirable Discharge Certificate and his reduction to the rank and 
grade of private/E-1.  

16.  The applicant's DD Form 214 confirms he was discharged on 13 February 1976 
under the provisions of Army Regulation 635-200, chapter 10, in the rank of private/E-1, 
with his service characterized as under other than honorable conditions.

17.  On 8 August 2017, the Army Review Boards Agency clinical psychologist/medical 
advisor provided an advisory opinion.  The advisory found that the supporting medical 
documentation from the VA indicated the applicant has received treatment at the VA for 
PTSD and has a disability rating of 80 percent.  Therefore, given his need for continued 
supportive services, it is likely that PTSD-like symptoms contributed to the misconduct 
that led to his separation from active duty.  A copy of the complete medical advisory 
was provided to the Board for their review and consideration.

18.  The applicant was provided a copy of the advisory opinion on 15 August 2017 and 
given an opportunity to submit comments.  He did not respond.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records, a medical advisory opinion and published DOD guidance for 
liberal consideration of discharge upgrade requests.  The Board considered the 
applicant’s statement, his record of service to include service in Vietnam, his Purple 
Heart, the reason for his separation and whether liberal consideration applies.  The 
Board considered the review by and the conclusion of the medical advising official 
regarding his PTSD and it being mitigating for his misconduct.  The Board concurred 
with the conclusions of the advising official and, based on a preponderance of evidence, 
the Board determined there was sufficient evidence to change the character of service 
he received, but not to restore his rank.  

2.  After reviewing the application and all supporting documents, the Board found that 
partial relief was warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:x	:x	:x	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by amending 
the applicant’s DD Form 214 for the period of service ending 13 February 1976 to reflect 
in item 9.e. (Character of Service) – “General, under honorable conditions” vice “Under 
other than honorable conditions.”

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to restoring his rank to SSG.



	  
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.

	a.  Chapter 10, in effect at the time, provided that a member who committed an 
offense or offenses under the UCMJ, for which the authorized punishment included a 
punitive discharge, could submit a request for discharge for the good of the service at any 
time after court-martial charges were preferred.  Commanders would ensure that an 
individual was not coerced into submitting a request for discharge for the good of the 
service.  Consulting counsel would advise the member concerning the elements of the 
offense or offenses, the type of discharge normally given under the provisions of this 
chapter, the loss of VA benefits, and the possibility of prejudice in civilian life because of 
the characterization of such a discharge.  An Undesirable Discharge Certificate would 
normally be furnished to an individual who was discharged for the good of the service.

	b.  Paragraph 3-7a provides that an honorable discharge is a separation with honor 
and entitles the recipient to benefits provided by law.  The honorable characterization is 
appropriate when the quality of the member’s service generally has met the standards 
of acceptable conduct and performance of duty for Army personnel or is otherwise so 
meritorious that any other characterization would be clearly inappropriate.

	c.  Paragraph 3-7b provides that a general discharge is a separation from the Army 
under honorable conditions.  When authorized, it is issued to a Soldier whose military 
record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

3.  On 3 September 2014, the Secretary of Defense directed the Service Discharge 
Review Boards and Service Boards for Correction of Military/Naval Records to carefully 
consider the revised PTSD criteria, detailed medical considerations and mitigating 
factors, when taking action on applications from former service members 
administratively discharged under other than honorable conditions and who have been 
diagnosed with PTSD by a competent mental health professional representing a civilian 
healthcare provider in order to determine if it would be appropriate to upgrade the 
characterization of the applicant's service.
4.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a 
wound sustained while in action against an enemy or as a result of hostile action.  
Substantiating evidence must be provided to verify that the wound was the result of 
hostile action, the wound must have required treatment by medical personnel, and the 
medical treatment must have been made a matter of official record.
5.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of 
the version in effect at the time, stated that a brief description of wounds or injuries 
requiring medical treatment received through hostile or enemy action would be entered 
in item 40 of the DA Form 20.  This regulation further stated that the date the wound or 
injury occurred would also be placed in item 40.


ABCMR Record of Proceedings (cont)	 AR20170004905

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