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ARMY | BCMR | CY1997 | 9707141
Original file (9707141.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded.
APPLICANT STATES : In effect, that his discharge was inequitable because it was based upon one isolated incident in 28 months of service. He was a good soldier except for that one incident.

 EVIDENCE OF RECORD : The applicant’s military records show:

He was born on 2 February 1952. He completed 11 years of formal education. He enlisted in the Regular Army on 10 November 1969 for 3 years. He completed basic training and advanced individual training and was awarded military occupational specialty 67A (Helicopter Door Gunner). He served a complete tour in Vietnam, was reassigned to Germany for 3 months, and returned to Vietnam in November 1971. The highest grade he held was Specialist Four. His awards included the Aircraft Crewman Badge, the Army Commendation Medal (1 st Oak Leaf Cluster), the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal.

The applicant received one Article 15 under the Uniform Code of Military Justice for failure to wear the proper uniform.

The court-martial charges and the discharge proceedings packet are not available.

On 16 February 1972, the applicant completed a separation physical and was found qualified for separation.

On 20 March 1972, the applicant received a mental status evaluation and was found mentally responsible and able to distinguish right from wrong and to adhere to the right.

On 3 April 1972, he was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service with a discharge UOTHC. He had completed 2 years, 4 months and 24 days of creditable active service and had no lost time.

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, the discharge authority may direct an honorable or a general discharge. The member will not necessarily be denied an honorable discharge solely by reasons of a specific number of convictions by courts-martial or actions under Article 15. It is the pattern of behavior and not the isolated instance which should be considered the governing factor in determination of character of service to be awarded. A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge.

 DISCUSSION : Considering all the evidence, allegations and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2. Therefore, in view of the foregoing, there is no basis for granting the applicant’s request.

 DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice

NOTE: The applicant’s DD Form 214 does not show that he was awarded the Republic of Vietnam Campaign Medal w/Device (1960), the Aircraft Crewman Badge or the Army Commendation Medal (1 st Oak Leaf Cluster). Therefore, the Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s records by issuing to him the Republic of Vietnam Campaign Medal w/Device (1960), the Aircraft Crewman Badge and the Army Commendation Medal (1 st Oak Leaf Cluster).




 BOARD VOTE :
GRANT

GRANT FORMAL HEARING

 DENY APPLICATION




 Karl F. Schneider
                                             Acting Director

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