PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:      2 December 1998                        
	DOCKET NUMBER:   AC97-09634
				   AR1998002332

	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	
	Ms. Gale Thomas.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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 records be corrected by upgrading his discharge to honorable, and by awarding him the Purple Heart for injuries he sustained while serving in Vietnam.  He states he became involved with drugs while on active duty in Vietnam; that prior to that time his military service was excellent; that he is currently undergoing treatment to cure his problem.  

3.  The applicant’s military records show that on 20 July 1964, he reenlisted in the Regular Army for a period of 6 years in pay grade E-3.

4.  On 8 November 1965, he accepted nonjudicial punishment under the provisions of Article 15, Uniformed Code of Military Justice (UCMJ), for violating traffic regulations by going the wrong way on a one way street, and for failing to register his vehicle on post.  His punishment was forfeiture.

5.  On 18 October 1966, the applicant was wounded while serving in the Republic of Vietnam.

6.  On 6 September 1968, he was convicted by a special court-martial for being absent without leave (AWOL) from 26 March 1968 to 16 August 1968.  His sentence included confinement, forfeiture (suspended for 3 months), and reduction to pay grade E-1.

7.  On 8 July 1969, his commander preferred court-martial charges against him for being AWOL for the period 6 December 1968 to 2 July 1969.

8.  On 3 July 1969, the applicant, after consulting with legal counsel, requested a discharge for the good of the service, under Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  Included with his request were statements that he had consulted with counsel, and had been fully advised of his rights and the possible effects of receiving an undesirable discharge certificate. 

9.  On 23 July 1969, the appropriate separation authority  approved the applicant’s request and directed the issuance of an undesirable discharge (UD)  certificate.  

10.  On 31 July 1969, the applicant was separated with a UD under the above-cited regulation.  His Report of Separation indicates he had 4 years, 11 months, and 22 days of creditable service and 490 days of lost time 

CONCLUSIONS:

1.  Evidence in the available records confirms that the applicant was wounded
on 18 October 1966, while serving in the Republic of Vietnam, and as such is entitled to an award of the Purple Heart.

2.  The Board notes the applicant’s discharge was in accordance with regulatory guidance.  However, the fact remains that he was a combat veteran, wounded in the line of duty, and served more than two years of his enlistment without any major disciplinary problems.  Although his conduct does not warrant an upgrade of his discharge to honorable it would be appropriate, in view of his notable tour of duty during combat and award of the Purple Heart, to grant him a general discharge.

3.  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 awarding the individual concerned the Purple Heart for wounds sustained on 18 October 1966, in the Republic of Vietnam,

b.  by voiding the undesirable separation issued on 31 July 1969 under the provisions of Army Regulation 635-200, chapter 10;and

c.  by issuing a new DD Form 214 showing that he was separated for the convenience of the Government under secretarial authority on 31 July 1969 and issued a general discharge.

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

__rvo____  __gdp__  __jhk____  DENY APPLICATION

		______________________
		        CHAIRPERSON