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 applicants 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 (1st 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 applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice
NOTE: The applicants 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 (1st Oak Leaf Cluster). Therefore, the Army Review Boards Agency, Support Division, will be directed to administratively correct the applicants records by issuing to him the Republic of Vietnam Campaign Medal w/Device (1960), the Aircraft Crewman Badge and the Army Commendation Medal (1st Oak Leaf Cluster).
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY1997 | 9707141
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. 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. DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injusticeNOTE:...
ARMY | BCMR | CY2015 | 20150000956
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 1987 to show award of the Purple Heart (PH). Therefore, his DD Form 214 for the period ending 30 April 1987 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting award of the VSM from his DD Form 214 for the period ending 30 April 1987...
ARMY | BCMR | CY2014 | 20140008233
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show all of the medals, decorations, and awards he earned to include five additional Air Medals (for a total of 20), Combat Medical Badge, and a "V" device for wear on his Soldier's Medal. The applicant provides copies of his: * DD Form 214 * DD Form 215 (Correction of the DD Form 214) * a recommendation for an undesignated award with a witness statement * orders for the award of the Soldier's Medal *...
ARMY | BCMR | CY2010 | 20100025265
His DA Form 20 (Enlisted Qualification Record) provides the following: a. promotion to specialist five (E-5); b. service in Vietnam from 3 February 1967 through 8 April 1969 with Battery B, 2nd Battalion, 20th Artillery Regiment; c. his conduct and efficiency ratings as exclusively "excellent"; d. participation during three campaign periods; and e. award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Aircraft Crewman...
ARMY | BCMR | CY2009 | 20090013427
General Orders Number 839, U.S. Army Support Command, Vietnam, dated 11 December 1964, awarded the applicant the Army Commendation Medal for meritorious service during the period from 30 October 1963 to 30 October 1964. The applicant requests correction of his DD Form 214 effective 31 March 1974 to show award of the Meritorious Service Medal and the Army Commendation Medal with "V" Device. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2008 | 20080008289
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that the Combat Infantryman Badge (CIB); Bronze Star Medal (BSM), 1st Oak Leaf Cluster (2nd Award); and all other unit awards to which he is entitled be added to Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214). As a result, the Board recommends that all Department...
ARMY | BCMR | CY2009 | 20090008841
The applicant requests that his 30 June 1972 DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Legion of Merit, the Army Commendation Medal, the Good Conduct Medal, the Korean Service Medal, the Republic Vietnam Campaign Medal with Device (1960), and the Aircraft Crew Member Badge (referred to by the applicant as the Aviator Wings and currently known as the Aviation Badge). With the addition of several awards and the fact that all of the entries at block 24...
ARMY | BCMR | CY2008 | 20080018875
Application for correction of military records (with supporting documents provided, if any). This document shows the unit (183d Aviation Company) to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2005 | 20050003535C070206
Linda M. Baker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add award of the Air Medal with twenty-nine Oak Leaf Clusters and “V” Device, the Army Commendation Medal with seven Oak Leaf Clusters and “V” Device, and the Army Achievement Medal. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2015 | 20150001128
The applicant requests correction of the former service member's (FSM) records to show his award of two Bronze Star Medals, the Air Medal with 7th Oak Leaf Cluster, and the Army Commendation Medal. It would be appropriate to award the applicant the Good Conduct Medal (1st Award) for his period of service from 15 March 1968 through 1 January 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...