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ARMY | BCMR | CY1997 | 9711525
Original file (9711525.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his general discharge be upgraded to an honorable discharge.
APPLICANT STATES : In effect, that when he returned from Vietnam he was an alcoholic and had a lot of psychological problems. He got into a lot of trouble until his discharge. In 1980, he gave his life to Jesus Christ, has never taken another drink or experienced any of the problems he had before. He includes numerous letters of support from a police department, sheriff’s department, state senator, school principals and others. He was ordained a minister in 1989.

 COUNSEL CONTENDS : That the applicant’s discharge should be upgraded due to current standards. He was discharged due to expiration of his term of service (ETS) and current standards authorize a fully honorable discharge. He served in Vietnam and was awarded the Combat Infantryman Badge (CIB). He also requests clemency based on his post-service accomplishments.

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

He was born on 18 November 1946. He completed 9 years of formal education. He enlisted in the Regular Army on 15 December 1964 for 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Infantryman).

The applicant served in Vietnam from 25 June 1966 - 24 June 1967. He was awarded the CIB and Bronze Star Medal (BSM) while there.

On 11 October 1967, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 14 - 26 September 1967 and 1 - 3 October 1967.

On 8 July 1968, the applicant was convicted by a special court-martial of being AWOL from 3 December 1967 - 28 May 1968. He was sentenced to confinement at hard labor for 3 months and to forfeit $90 pay for 3 months (the forfeiture suspended for 90 days).

On 24 January 1969, the applicant was convicted by a special court-martial of being AWOL from 21 September 1968 - 1 January 1969. He was sentenced to confinement at hard labor for 5 months and to forfeit $97 pay for 5 months.

On 12 March 1969, the applicant completed a separation physical and was found qualified for separation. He made no mention of any drug or alcohol problems on his Report of Medical History.

On 14 March 1969, he was relieved from active duty with a character of service of “under honorable conditions,” (a general discharge) in pay grade E-1, under the provisions of Army Regulation 635-200, for expiration of his term of service. He had completed 2 years, 11 months and 29 days of creditable active service and had 455 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The type and character of separation issued upon separation from current enlistment or period of service will be determined solely by the member’s military record during that enlistment or period of service. The evaluation of an individual’s service and conduct will be based on his overall period of current service. 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. At the time of the applicant’s separation, a general, under honorable conditions, characterization of service for a soldier separating for ETS was authorized.

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.

2. The applicant’s separation was accomplished in compliance with applicable regulations in effect at the time with no indication of procedural errors which would tend to jeopardize his rights.

3. The counsel’s contention that under current standards the applicant would have received an honorable characterization of service because he separated at his normal ETS is correct; however, under current standards the applicant would probably have been administratively separated prior to his normal ETS due to his disciplinary problems.

4. While the Board is cognizant of the applicant’s good post-service conduct, this factor does not warrant granting the relief requested.
5. 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.
BOARD VOTE :
GRANT

 GRANT FORMAL HEARING

 DENY APPLICATION


Loren G. Harrell
                                    Director

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