| Mr. Loren G. Harrell | Director | |
| M r. W.W. Osborn, Jr. | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. George D. Paxson | Member | |
| Mr. John H. Kern | Member |
2. The applicant requests reconsideration of his previous application to correct his records by upgrading his discharge.
3. He states, in effect, that it is unjust for him to continue to suffer for his youthful mistake of giving in to the political turmoil of the 1960’s, especially when he served in combat and still suffers from the wound he sustained. The VA will not even provide treatment because of his discharge.
4. Counsel, in effect, concurs in the applicant's presentation, points out that the applicant did not go AWOL from his combat unit in Vietnam and requests that post-service conduct and clemency be considered.
5. In May 1986 the VA ruled that the applicant’s discharge was a bar to benefits.
CONCLUSIONS:
1. In light of all the circumstances of the case, including that the applicant served without a discreditable incident until the AWOL (following his re-enlistment leave) that led to his Chapter 10 discharge, and especially his combat service, as evidenced by earning the Combat Infantryman Badge, the Air Medal and the Purple Heart, the current discharge is unjust and should be upgraded to general under honorable conditions.
2. The applicant’s service was too brief and the instant offense too serious to warrant greater relief in the form of an honorable discharge.
3. Counsel asks consideration of post-service factors be considered but, aside from the fact that the VA has denied benefits, there is no such information available to consider.
4. In view of the foregoing findings and conclusions, it would rectify an injustice by correcting 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 voiding the undesirable discharge currently held by the individual concerned and by issuing him a general discharge of the same date.
2. That so much of the application as is in excess of the foregoing be denied.
___RVO_ ___GDP_ ___JHK__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Raymond V. O’Connor, Jr.
CHAIRPERSON
| CASE ID | AC91-07963 |
| SUFFIX | A |
| RECON | |
| DATE BOARDED | 19981202 |
| TYPE OF DISCHARGE | (UD) |
| DATE OF DISCHARGE | 19700318 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | A70.00 |
| BOARD DECISION | (PARTIAL GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | A92.10 |
| 2. | A92.04 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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