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Decision Text

ARMY | BCMR | CY1980-1989 | 8705298
Original file (8705298.rtf) Auto-classification: Denied
2. The applicant requests that his undesirable discharge be upgraded to an honorable discharge.
3. He states that his previous requests to the Board have been denied on the basis that he has failed to file in a timely manner and it was not in the interest of justice to grant his request. He contends that the Board’s decisions in the past were defective because they failed to consider the merits of his case. He was only 17 when he enlisted. While he was in Vietnam he became heavily involved with drugs and alcohol. He has spent the last 25 years in a drunken stupor but is now sober. He realizes that he did wrong while he was in the military. He was an only son (his father committed suicide when he was 2 weeks old) and he would not have had to serve at all but he chose to because his father was a World War II veteran. Nevertheless, even though he was just a kid, he served his country rather than fleeing the war and seeking amnesty later. Instead he went to Vietnam, became an alcoholic and drug addict and has spent the rest of his life as an outcast.

4. The applicant's military records show he enlisted in the Regular Army for 3 years on 26 December 1968 at the age of 17 (date of birth 1 June 1951) with his mother’s consent. His enlistment documents indicated that he had completed the 11th grade. He had a general technical score of 103 and an Armed Forces Qualification Test score of 58, which placed him in mental category III.

5. The applicant completed basic training and was assigned to Fort Eustis, Virginia for advanced individual training. There, on 6 May 1969, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ for being drunk and disorderly. Following training he was reassigned to Vietnam reporting to the 271st Aviation Company on 24 July 1969. At that time he was 18 years old.

6. On 7 September 1969 he accepted NJP for failure to obey an order and on 22 October 1969 he accepted NJP for being AWOL 1 day. During his assignment in Vietnam he accepted NJP on two more occasions, once for wearing an unauthorized uniform and once for failing to go to his appointed place of duty.

7. His military awards include the Vietnam Campaign Medal, the Vietnam Service Medal, the National Defense Service Medal and the Sharpshooter Badge with rifle bar.

8. After his return from Vietnam and while he was on leave, he was hospitalized at a civilian hospital near his home for infectious hepatitis. He contends that the infection was due to using a dirty needle to inject drugs.

9. He was reassigned to to Fort Benning, Georgia immediately after his tour of duty in Vietnam. He departed AWOL on two occasions from his unit there and was finally returned to military control at Fort Dix, New Jersey. On 20 July 1971 charges were preferred against him for two specifications of AWOL totaling 144 days. After consultation with counsel, the applicant submitted a request for discharge for the good of the service.

10. On 30 August 1971 the appropriate authority approved his request for discharge and directed the issuance of an Undesirable Discharge Certificate. He was discharged on 8 October 1971 under the provisions of Army Regulation 635-200, having completed 2 years, 2 months and 15 days of service.

11. Subsequent to his discharge the applicant was seen and/or admitted to civilian institutions on numerous occasions for alcohol and drug detoxification and psychological problems. The drug counselors and treating physicians have determined that his addiction problems probably stemmed from the time of his Vietnam duty.

12. On 17 October 1973 and 30 October 1986 the Army Discharge Review Board denied the applicant’s request to upgrade his discharge.

13. On 6 July 1988 this Board denied his request to upgrade his discharge on the basis that he failed to file the application within the allowable statutory time frame and it was not in the interest of justice to excuse his failure to timely file. His request for reconsideration of this decision was denied on 6 April 1990.

14. 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 an undesirable discharge.

CONCLUSIONS :

1. The applicant’s current situation appears to have been, as he contends, the result of extensive drug and alcohol involvement during his combat duty in Vietnam.

2. The applicant's contention that he was young, immature and had a traumatic family history that, when combined with the horrors of war, led to his drug and alcohol abuse seems to be valid in light of the findings of his physicians and counselors.

3. Although the issuance of an undesirable discharge may have been appropriate at the time, the interest of justice and equity would now best be served by removing the stigma of that discharge from his records.

4. Notwithstanding the foregoing, the applicant’s service was not so reputable as to deserve a characterization as honorable. Rather, considering his record of indiscipline, he should more appropriately be issued a general discharge.

5. In view of the foregoing, it would be appropriate to correct the applicant’s records 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 separated from the service with a general discharge.

2. That the Department issue to him a General Discharge Certificate in lieu of the undesirable discharge he received on 8 October 1971.

BOARD VOTE :

GRANT AS STATED IN RECOMMENDATION

GRANT FORMAL HEARING

DENY APPLICATION




                                                     
                                                               CHAIRPERSON

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