| Mr. Carl W. S. Chun | Director | |
| Mrs. Carolyn G. Wade | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Ted S. Kanamine | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his undesirable discharge (UD) be upgraded to general, under honorable conditions (GD).
APPLICANT STATES: That he did not believe in the Vietnam War and was mentally and physically abused for holding that belief. He states that he still feels the Vietnam War was wrong, that the United States should not have been involved in Vietnam, and that the US Government now knows that the Vietnam War was wrong.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 16 January 1968. Following all required military training, he was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman, and was assigned to the United States Army Overseas Replacement Station, Oakland Army Base, Oakland, California.
The applicant failed to report to his new duty assignment and, on 26 August 1968, he was listed as absent without leave (AWOL). On 30 September 1968, he was dropped from the Army's rolls in a deserter status. The applicant returned to military control at the Presidio of San Francisco, California on 1 October 1968. He was assigned to the United States Army Special Processing Detachment, Presidio of San Francisco.
While at the Presidio of San Francisco, the applicant went AWOL on 1 October 1968 and remained absent until 11 October 1968. He was again AWOL from 14 October 1968 to 21 December 1968 and from 30 January 1969 until 25 February 1969.
On 26 March 1969 at the Presidio of San Francisco, the applicant was found guilty by a special court-martial of three specifications of AWOL and three specifications of breaking restriction. He was sentenced to confinement for 4 months and forfeiture of $75.00 pay per month for 4 months. He was confined from 26 March to 3 April 1969 and 4 April to 23 April 1969.
On 24 April 1969, the unexecuted portion of the applicant’s sentence to confinement at hard labor for 4 months and forfeiture of $75.00 for 4 months was suspended for 3 months.
On 12 May 1969, the applicant departed his unit in an AWOL status and remained absent until 3 August 1969. On 5 August 1969, the unexecuted portion of the applicant’s sentence to confinement at hard labor for 4 months and forfeiture of $75.00 pay for 4 months was vacated. The applicant was confined from 5 August to 31 October 1969.
On 8 October 1969 at the Presidio of San Francisco, a psychiatrist from Letterman General Hospital evaluated the applicant. The applicant was diagnosed as a schizoid personality and was cleared for separation. The applicant was considered to be mentally competent, able to tell right from wrong and to adhere to the right, and to possess sufficient intellectual capacity to participate in any administrative procedure or court-martial. It was noted that the applicant had a deep-seated resentment toward authority and was fearful of people in general, and that because of these feelings, he was a non-functional soldier. The psychiatrist recommended that the applicant be discharged under the provisions of Army Regulation (AR) 635-212.
On 16 October 1969, the applicant was notified that he was being considered for a UD under the provisions of AR 635-212 for unfitness because of frequent incidents of a discreditable nature with military authorities. On the same date, after consulting with legal counsel, the applicant waived consideration of his case by a board of officers and declined to submit a statement in his own behalf.
On 26 November 1969, the unit commander recommended the applicant be required to appear before a board of officers for the purpose of determining whether he should be discharged before expiration of his term of service.
On 27 November 1969, the applicant was AWOL from his unit for 1 day.
On 1 December 1969, the commander recommended approval and noted that the applicant had previously waived his right to a board of officers. Also on 1 December 1969, the applicant departed his unit AWOL and remained AWOL until 17 December 1969.
On 8 December 1969, the appropriate authority approved the applicant’s discharge with a UD. Accordingly, on 17 December 1969, the applicant was discharged after completing 11 months and 14 days of active military service and accruing 348 days of lost time.
Army Regulation 635-212, then in effect, set forth the basic authority for the separation of enlisted personnel. Paragraph 6a of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness. An undesirable discharge was normally considered appropriate.
There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) within its 15-year statute of limitations.
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 that requirement.
2. The Board carefully reviewed the applicant’s record of service and considered all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The Board finds that the character of the applicant's discharge is commensurate with his overall record.
3. The Board found no evidence that the applicant was physically and/or mentally abused because of his beliefs and feelings about Vietnam.
4. 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
___FNE _ __TSK __ __JTM__ DENY APPLICATION
| CASE ID | AR2001060943 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020110 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19691217 |
| DISCHARGE AUTHORITY | AR 635-212 |
| DISCHARGE REASON | Unfitness – frequent incidents of a discreditable nature |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Director |
| ISSUES 1. | 144.9405 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2010 | 20100016752
He also states he did not receive his final pay at the time of his discharge and he was told his discharge would be upgraded in 6 months. At the time of his discharge he acknowledged with his signature that he had been informed of the procedures for applying to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. There is no evidence in the available records regarding his pay from 15 March 1969 to 20 June 1969 when he was discharged.
ARMY | BCMR | CY2009 | 20090002224
The applicants military personnel records contain a copy of Headquarters, Presidio of San Francisco, California, Special Court-Martial Order Number 324, dated 18 December 1964. There is no evidence of record that shows the applicant served in Vietnam at any time during his military service. The evidence of record also shows that the DD Form 214 with an effective date of 10 April 1961 documents this period of the applicants honorable active duty service.
ARMY | BCMR | CY2006 | 20060007761C071029
The evidence shows the applicant was inducted into the Army of the United States, on 8 January 1964. On 16 July 1965, the applicant and his unit were reassigned to Vietnam. The applicant, in a statement submitted on 16 July 1968, stated, in effect, he had returned from Vietnam on 15 December 1966, he had picked up his orders and he had been AWOL since that time.
ARMY | BCMR | CY1997 | 9709790
However, based on the information available, it appears that the applicant’s administrative discharge was accomplished in compliance with applicable regulations in effect at the time. However, the undesirable discharge appears unduly harsh considering his years of honorable service, including two tours in Vietnam. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with a General Discharge...
ARMY | BCMR | CY2010 | 20100021874
Special Orders Number 25, Headquarters, Presidio of San Francisco, CA, dated 3 February 1970, ordering his discharge from active duty under the provisions of Army Regulation 635-212 (Personnel Separations Discharge Unfitness and Unsuitability) for unfitness; and b. a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing he was discharged from the Army on 6 February 1970 in the rank/grade of private/E-1 under the provisions of Army Regulation 635-212 by...
ARMY | BCMR | CY2002 | 2002072026C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to a more favorable discharge.
ARMY | BCMR | CY2014 | 20140019622
He was convicted by a special court-martial, as promulgated in Special Court Martial Order Number 12, issued by 2nd Battalion, 3d Infantry, 199th Infantry Brigade (Separate) (Light), on three charges: (1) Charge 1 absenting himself from his unit without proper authority on or about 1 May 1968, and for remaining absent until on or about 30 May 1968; (2) Charge 2 willfully disobeying the lawful order of a superior officer; and (3) Charge 3 violating a lawful general regulation, paragraph...
ARMY | BCMR | CY2003 | 2003091657C070212
EVIDENCE OF RECORD : The applicant's military records show: On 7 October 1969, the appeal was denied and the punishment was ordered executed as presented. The request for the applicant's discharge submitted by command is not in the applicant's service personnel records; however, two endorsements related to the action are present.
ARMY | BCMR | CY2008 | 20080015825
The applicant requests, in effect, that his undesirable discharge be upgraded, that all lost time due to being absent without leave (AWOL) be removed from his records and that he be present during the Board's hearing of his case. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides Department of the Army policy criteria and administrative instructions regarding an applicant's request for the correction of a military record. Army Regulation 635-212, in...
ARMY | BCMR | CY2010 | 20100010095
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was a paratrooper with the 1st Battalion, 325th Infantry, 82nd Airborne Division, Fort Bragg, NC; that he volunteered for service in Vietnam; and all of his authorized awards and decorations. (1) Special orders awarded the applicant MOS 36K2P and it is recorded in item 23a of his DD Form 214. (2) However, item 25 of his DD Form 214 does not show the training...