PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                              
	DOCKET NUMBER:     AC97-07523

	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. Loren G. Harrell		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).

3.  The applicant states in effect, that the characterization of service was too harsh based on his overall service to his country.  

4.  The applicant’s counsel, a military claims consultant with the Veterans of Foreign Wars, requests the applicant’s discharge be upgraded to an HD and cites the applicant’s record of over 6 years of good service as the basis for taking such an action.

5.  The applicant’s military records shows that he initially was inducted into the Army of the United States on 10 May 1962 at the  age of 18.  Over the course of his career the applicant completed an overseas tour of duty in France and one in Germany, and had attained the rank of specialist/E-5.  His awards and decorations include:  the Good Conduct Medal; the National Defense Service Medal; the Vietnam Service Medal; and the Vietnam Campaign Medal. 

6.  The applicant’s record is free of any record of disciplinary problems prior to beginning his last period of service on 17 September 1968 at which time he had completed 6 years, 4 months, and 7 days of honorable service.  On 11 February 1970 the applicant underwent a psychiatric evaluation which found he suffered from no psychiatric illness and cleared him for separation; however, they did offer the recommendation that the applicant be afforded the opportunity for a rehabilitative transfer which they believed could help the applicant. 

7.  On 12 April 1970 the applicant’s unit commander decided against a rehabilitative reassignment, initiated separation action, under the provisions of AR 635-212 for unfitness, and recommended that the applicant receive an undesirable discharge (UD).  The unit commander cited the applicant’s acceptance of nonjudicail punishment (NJP), under the provisions of Article 15 of the UCMJ, on three separate occasions, for minor disciplinary infractions; and his conviction by special court-martial for misappropriating an M-16 rifle as the basis for taking separation action.  All the cited infractions took place in a three month period between late December 1969 and early April of 1970.

8.  The applicant waived his right to have his case heard by an administrative separation board and on 7 May 1970 the  appropriate authority approved the separation action and directed the applicant be discharged with a GD. Accordingly, on 12 May 1970 the applicant was discharged after completing 
1 year, 7 months, 26 days of his current enlistment and a total of 8 years and 3 days of active military service.

9.  On 3 December 1980 the Army Discharge Review Board (ADRB) reviewed the applicant's records and denied an upgrade of his discharge.

10.  Army Regulation 635-212, then in effect, provided in pertinent part the policies, procedures, and guidance for the prompt elimination of enlisted personnel who were determined to be unfit for further military service. 

CONCLUSIONS:

1.  The Board concurs with the findings and conclusions of the ADRB and presumes that the applicant's administrative separation was accomplished in compliance with applicable regulations. There is no indication of procedural errors by the ADRB which would tend to have substantially jeopardized the applicant's rights.

2.  While the applicant’s disciplinary infractions for the short period of time just prior to his separation are not condoned by the Board, consideration should be given to the fact that that they were strictly military in nature and not otherwise  serious offenses against society; in addition, by all indications they were aberrations from the applicant’s normal good conduct.  The overall quality of the applicant’s last period of service does not warrant recharacterization of his discharge.  However,  in view of the honorable nature of the preponderance of his total service, the applicant’s honorable discharge of 16 September 1968 should be considered a complete and unconditional separation.  To do otherwise would work an injustice upon him and his heirs by permanently attaching a stigma to his total military service, and possibly denying them the right to certain VA benefits when the overwhelming majority of his service was honorable.

3.  In view of the foregoing findings and conclusions, and in recognition of his previous years of good service, it would be appropriate and proper to consider his honorable discharge of 16 September 1968 as a complete and unconditional separation from military service.  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 by showing that the individual concerned was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 16 September 1968.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON