PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 November 2001
         DOCKET NUMBER: AR2001060735


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Stanley Kelley		Member
Ms. Karen A. Heinz		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to a general, under honorable conditions discharge (GD).

3. The applicant states, in effect, that he served on active duty honorably in the United States Marine Corps (USMC) for 4 years and in the Army for almost
3 years. He indicates that his honorable service also included his completion of combat tours in the Republic of Vietnam (RVN) in both branches of service. He claims that he was discharged from the Army because of a one month period of drug use in Germany and that he has had to live with this mistake for 30 years. He finally comments that an isolated mistake and his confused thinking should not cancel out his overall record of honorable service which should warrant an upgrade to his discharge.

4. The applicant’s military records show that he served on active duty in the USMC for 4 years, from 6 June 1966 to 5 June 1970, at which time he was honorably separated at the expiration of his enlistment. The separation document issued to him for this period of service confirms that he had been trained and served as a Motor Transport Operator and held the rank of corporal/E-4 on the date of his separation. It also shows that he completed a combat tour in Vietnam and earned the following awards during his tenure on active duty in the USMC: National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal; Combat Action Ribbon; and the Good Conduct Medal.

5. On 14 July 1971, he enlisted in the Regular Army for 3 years and on 27 July 1971, while at the entrance station at Fort Dix, New Jersey, he reenlisted for
4 years. He entered the Army in the rank of private first class/E-3, in military occupational specialty 64C (Motor Transport Operator), and he was assigned to the RVN for his first permanent duty assignment.

6. The applicant’s Enlisted Qualification Record (DA Form 20) shows that he arrived in the RVN on 13 September 1971 and was further assigned to the
536^th Engineer Detachment, United States Army Pacific (USARPAC)-Vietnam. During his assignment in the RVN he performed duties a Motor Transport Operator and Senior Motor Transport Operator and on 2 November 1971, he was promoted to specialist four (SP4). He completed his tour in the RVN on 30 May 1972 and he received excellent conduct and efficiency ratings for his performance with this unit.

7. Although not entered in his DA Form 20, the applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Order Number 681, dated
30 April 1972, which confirms that at the completion of his tour in the RVN he was awarded the Army Commendation Medal for meritorious service during the period 13 September 1971 to 30 May 1972.

8. At the completion of his tour in the RVN, the applicant was reassigned to
Fort Hood, Texas where he served until September 1973. He was then assigned to Germany where he served until May 1974. He was medically evacuated from Germany and reassigned to the Medical Holding Detachment, Womack Army Hospital, Fort Bragg, North Carolina where he remained until his separation on
7 June 1974.

9. The applicant’s record reveals no disciplinary history prior to the events that led to his separation processing. Further, it is void of a separation packet containing the specific facts and circumstances surrounding the events that led to his discharge processing. However, it does include a properly constituted separation document (DD Form 214) that contains the authority and reason for his discharge. This document was authenticated by the applicant with his signature on the date of his separation.

10. The DD Form 214 also confirms that on 7 June 1974, the applicant was undesirably discharged form the Army under the provisions of chapter 10, Army Regulation 635-200, for the good of the service/in lieu of trial by court-martial. At the time of his separation, he had completed 2 years, 10 months, and 15 days of creditable active service on his current enlistment, a total of 6 years, 10 months, and 28 days of active military service, and he had accrued 26 days of time lost.

11. Block 26 (decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized) of the DD Form 214 indicates the applicant earned the following awards during his active duty tenure: National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal; Good Conduct Medal; and Combat Action Ribbon. This list did not include the Army Commendation Medal awarded to the applicant at the conclusion of his tour in the RVN.

12. 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 Board notes the applicant’s contention that his discharge should be upgraded based on his overall record of service which includes combat service in the RVN and it finds this claim has merit.

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2. The record is void of the specific facts and circumstances that led to the applicant’s discharge processing. However, it does include a properly constituted DD Form 214 that contains the reason and authority and the Board presumes government regularity in the discharge process.

3. However, the Board does find the UD the applicant received was too harsh based on the lack of a prior disciplinary history and given the honorable nature of the preponderance of his military service that included 2 combat tours in the RVN. Therefore, the Board concludes it would be appropriate to grant the requested relief and to upgrade the applicant’s UD to a general, under honorable conditions discharge and to restore his grade to SP4 accordingly.

4. The Board also notes that the Army Commendation Medal the applicant was awarded at the completion of his tour in the RVN was erroneously omitted from his separation document and it concludes it would be appropriate to add it to his separation document at this time.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned received a general, under honorable conditions discharge on 7 June 1974, in lieu of the undesirable discharge of the same date he now holds; that he held the rank of SP4 on the date of his discharge; that he was awarded the Army Commendation Medal; and by providing him corrected separation document that reflects these changes.

BOARD VOTE:

__INW___ ___SK__ __KAH___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright__

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INDEX

CASE ID	AR2001060735
SUFFIX
RECON
DATE BOARDED	2001/11/15
TYPE OF DISCHARGE	UD
DATE OF DISCHARGE	1974/06/07
DISCHARGE AUTHORITY	AR 635-200 C10
DISCHARGE REASON	In Lieu of Court-Martial
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 189	110.0000
2.
3.
4.
5.
6.