APPLICANT REQUESTS:  That the last name on his Certificate of Military Service (NA Form 13038) be corrected.  He also requests that the medals he is authorized for his Vietnam service be issued to him and that his undesirable discharge be upgraded.

APPLICANT STATES:  In effect, that the foregoing changes are necessary to ensure his record is accurate.

EVIDENCE OF RECORD:  The applicant's military records show:

He initially enlisted in the Regular Army on 11 August 1969 and after completing just over 1 year of service he was honorably discharged and immediately reenlisted for 3 additional years on 19 September 1970.  He was discharged at his own request for the good of the service on 13 September 1971 and issued an Undesirable Discharge Certificate.

His record reflects that he is authorized the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.  (The aforementioned awards were authorized for issue to the applicant by the US Army Reserve Personnel Center (ARPERCEN) via DA Form 1577, Authorization for Issuance of Awards.  A copy of the authorization was provided to him and another copy is included in his records.)

The applicant’s records show that the name and social security number under which he enlisted appears the same throughout his record.  The incorrect last name on the Certificate of Service he was furnished appears to be a clerical error.

He arrived in Vietnam on 14 November 1970.  On 20 March 1971 he was convicted of possession of a trace of heroin by a special court-martial.  On 14 May 1971 he accepted nonjudicial punishment under the provisions of Article 15, UCMJ for failure to obey a lawful order and on 19 August 1971 charges were preferred against him for unauthorized possession of a liberty pass and possession of heroin.  Before these charges could be disposed of three additional charges were added for being in an off-limits area and two specifications of stealing.

On 27 August 1971 he requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200.  After consultation with military counsel, his request was approved by the appropriate commander who directed that he be discharged under other than honorable conditions and issued an Undesirable Discharge Certificate.  He was returned to the States and discharged effective 13 September 1971.

On 6 January 1981 the Army Discharge Review Board denied the applicant’s request for upgrade of his discharge.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the regulation provides, in pertinent part, that a member who has committed an offense 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 ant time after charges have been preferred and must include the individual’s admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  It appears that the last name on the Certificate of Military Service, NA Form 13038, is incorrect and should be corrected as he requests.

2. The ARPERCEN has provided the applicant with an authorization for the issuance of the Vietnam awards to which he is entitled.

3.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of his discharge is commensurate with his record of military service.  Considering his numerous acts of indiscipline, it does not appear that an undesirable discharge was too severe.

4.  In view of the foregoing, there appears to be no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Commander, ARPERCEN will be requested to correct the applicant’s Certificate of Military Service, NA Form 13038, to reflect his correct last name as shown on his application for correction of military records and in his military records..

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director