PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 February 2002
         DOCKET NUMBER: AR2001061636


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston		Chairperson
Mr. Raymond J. Wagner		Member
Mr. Richard T. Dunbar		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 that his records be corrected by deleting all references to his being dropped from the rolls of the Army on 31 May 1973.

3. The applicant states, in effect, that he previously applied for award of the Army Good Conduct Medal (GCMDL) and was informed that his award had been disapproved because his records indicate that he had been dropped from the rolls of the Army on 31 May 1973. He goes on to state that while he had previously been dropped from the rolls of his previous unit and received nonjudicial punishment (NJP) for that period of being absent without leave (AWOL), he was in fact under military control at Fort Leonard Wood, Missouri on 31 May 1973. He continues by stating that he has been serving in the National Guard since 1986 and believes that such an entry will hinder his career.

4. The applicant’s military records show that he enlisted on 27 January 1970, for a period of 3 years and training as a communications center specialist. He completed his training and was transferred to Hawaii; where he served until he received orders transferring him to Vietnam on 28 April 1972.

5. On 3 July 1972, NJP was imposed against him for the possession of marijuana. His punishment consisted of a suspended reduction to the pay grade of E-3, a forfeiture of pay and restriction.

6. On 23 August 1972, the applicant went AWOL and remained absent in a deserter status until he surrendered to military authorities at Fort Leonard Wood, Missouri on 4 October 1972. NJP was imposed against him at Fort Leonard Wood on 6 November 1972 and his punishment consisted of a reduction to the pay grade of E-2, a forfeiture of pay and restriction. Reconstructed personnel records were prepared at Fort Leonard Wood on 6 November 1972 as well.

7. It appears that the applicant remained attached to Fort Leonard Wood; however, on 17 February 1973, orders were published by his unit in Vietnam which reassigned him to Fort Hood, Texas, effective 29 April 1973. The applicant’s original records were forwarded to Fort Hood and when he failed to report, he was reported as AWOL. He was dropped from the rolls on 31 May 1973 and all appropriate reports and letters were dispatched to the applicant’s next of kin and the Federal Bureau of Investigation (FBI). There is no indication in the available records to show that officials at Fort Leonard Wood ever reported the applicant’s status to his former unit in Vietnam.

8. Meanwhile, on 2 July 1973, NJP was again imposed against the applicant for failure to go to his place of duty. His punishment consisted of a suspended reduction to the pay grade of E-2 and a forfeiture of pay.

9. On 23 July 1973, the FBI reported that the applicant had been located at Fort Leonard Wood and the applicant was removed from DFR status.

10. On 10 September 1973, NJP was imposed against him for being AWOL from 18 August to 31 August 1973. His punishment consisted of a reduction to the pay grade of E-2 and a forfeiture of pay.

11. On 12 October 1973, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, chapter 13 for unsuitability, due to a character and behavior disorder. The applicant was discharged with temporary records and he had served 2 years, 5 months and 19 days of total active service. He had 53 days of lost time due to AWOL. He subsequently applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge and the ADRB upgraded it to fully honorable on 22 March 1984.

12. Army Regulation 672-5-1, in effect at the time, provided the criteria for award of the GCMDL. It provides, in pertinent part, that the GCMDL is awarded on a selective basis to each soldier who distinguishes himself from among his fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal service. There is no right or entitlement to the medal until the immediate commander has approved the award and it has been announced in permanent orders.

CONCLUSIONS:

1. The evidence of record clearly shows that the applicant went AWOL from his unit in Vietnam and that he remained absent in a deserter status until he surrendered to authorities at Fort Leonard Wood. He was attached to Fort Leonard Wood at that time and it appears that an administrative error resulted in his former unit not being notified. Accordingly, when he failed to report to Fort Hood, he was incorrectly reported as AWOL and subsequently dropped from the rolls of that organization.

2. Inasmuch as his records were at Fort Hood and they were not notified until much later, the applicant’s records continued to contain the documents and entries indicating that he had been dropped from the rolls. Only after his permanent and temporary records were married up has the Board been able to ascertain what occurred in his case. Accordingly, the Board finds that all entries contained on his original Enlisted Qualification Record (DA Form 20) that were made in item 38 (Record of Assignments) in1973, which include the entry “Dropped from the Rolls (Desertion)”, should be deleted. In addition, all other documents generated by Fort Hood to report his status as AWOL and Dropped from the Rolls, should be removed from his records in their entirety as well.

3. The Board has also reviewed the applicant’s record in regards to his desire to be awarded the GCMDL. However, the Board also finds that his service was not sufficient to warrant such an award. By the applicant’s own admission, he was previously dropped from the rolls of his unit in Vietnam. While that entry is not made on his DA Form 20, he received NJP for that offense as well as numerous other offenses that diminished the quality of his service. Accordingly, the Board finds no basis to award him the GCMDL for the period of service in question.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by removing from the records of the individual concerned, all documents showing that he was AWOL and Dropped from the Rolls at Fort Hood and by deleting all entries made in 1973 from his original DA Form 20, which show that he was AWOL and Dropped from the Rolls at Fort Hood.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__rjw ___ ___jhl___ ___rtd___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___JoAnn H. Langston____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001061636
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/02/26
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 328	134.0000/DEL DER INFO
2.
3.
4.
5.
6.