IN THE CASE OF: BOARD DATE: 12 April 2011 DOCKET NUMBER: AR20100025409 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests medals, including: * Purple Heart * Prisoner of War Medal * Vietnam Service Medal * Vietnam Campaign Medal 2. The applicant states he needs these corrections for Department of Veterans Affairs (VA) benefits. 3. The applicant provides no additional documentation. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army of the United States for 2 years on 22 August 1966. He was trained as, and served as an infantryman. On 30 October 1967, he was honorably discharged for the purpose of immediate reenlistment in the Regular Army (RA). His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). It also shows 8 months and 1 day of foreign service in Korea. 3. While in Korea, the applicant reenlisted in the RA for 6 years on 31 October 1967. On or about 15 February 1968, he departed Korea en route to the US. On or about 4 March 1968, he reported for duty at Fort Eustis, VA. The record shows he was absent without leave (AWOL) from on or about 26 August 1968 to on or about 24 September 1968. 4. On 22 September 1970, the applicant was reassigned from Fort Eustis to Germany; was supposed to report to the Overseas Replacement Station at Fort Dix, NJ on or about 25 March 1970. He did not report and was listed as AWOL. He returned to military control at Fort Dix on or about 21 January 1971. 5. On or about 3 February 1971, the applicant was formally charged with AWOL. On 6 May 1971, he consulted with counsel and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He acknowledged he was guilty of the charge against him which authorized the imposition of a bad conduct or dishonorable discharge, and that he did not desire further rehabilitation, nor had he any desire for further military service. He stated that he understood the nature and consequences of the undesirable discharge (UD) that he might receive. He submitted a statement in his own behalf saying asking that he not be issued a UD because he'd lose benefits and a civil service job. 6. On 17 may 1971, the approving authority approved the applicant's request for discharge and directed he be issued a UD under the provisions of Army Regulation 635-200 in lieu of trial by court-martial. He was discharged on 25 May 1971. 7. Army Regulation 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. A discharge under other than honorable conditions is normally considered appropriate. However, at the time of the applicant’s separation the regulation provided for the issuance of a UD. DISCUSSION AND CONCLUSIONS: 1. The applicant wants numerous awards related to wartime service in Vietnam. 2. The applicant never served in Vietnam; he was never wounded; he was never a prisoner of war. He is not authorized the Purple Heart, Prisoner of War Medal, Vietnam Service Medal, or Vietnam Campaign Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X____ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ X______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20100025409 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100025409 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1