PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001063749


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Shirley Powell		Chairperson
Mr. Elzey J. Arledge		Member
Mr. Stanley Kelley		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 discharge under other than honorable conditions be upgraded to honorable.

3. The applicant provided a statement from a Disabled American Veterans (DAV) Chapter Service Officer on his behalf. Counsel states, in effect, that military, medical and mental health records are pretty conclusive in the applicant’s favor for a positive decision. He contends that the applicant has demonstrated that he is very remorseful of his actions leading up to the results of his discharge, that the applicant was a highly decorated soldier that had an excellent conduct record and that medical documentation proves that the applicant was suffering from an undiagnosed mental depression, Post Traumatic Stress Disorder (PTSD), at the time of his conduct leading up to his discharge. Counsel also contends that the applicant has been under constant medical and mental health care. In support of his application, he submits a letter, dated
28 August 2001, from a DAV Chapter Service Officer; orders for the Army Commendation Medal with “V” Device; orders for the Purple Heart; a DD Form 214 (Report of Transfer or Discharge) with an effective date of 23 January 1969; a DD Form 214 with an effective date of 27 November 1970; two pages of his DA Form 20 (Enlisted Qualification Record); a medical record, dated 19 July 2001; a letter, dated 2 July 2001, from his therapist; a letter, dated 9 July 2001, from his father; and a letter of explanation, dated 2 February 2000, from the applicant.

4. The applicant’s military records show that he enlisted on 29 April 1968 for a period of 3 years. He trained as an ambulance driver and was honorably discharged on 23 January 1969 for immediate reenlistment. He reenlisted on
24 January 1969 for a period of 3 years. He served as a medical corpsman in Vietnam from 10 March 1969 through 13 December 1969.

5. While in Vietnam, on 16 August 1969, nonjudicial punishment was imposed against the applicant for possessing marijuana. His punishment consisted of a reduction to E-3 and a forfeiture of pay.

6. On 26 May 1970, the applicant went absent without leave (AWOL) and returned to military control on 29 July 1970. He went AWOL again on 11 August 1970 and returned to military control on 9 October 1970. He was confined until 14 October 1970. On 20 October 1970, charges were preferred against the applicant for the AWOL periods and trial by special court-martial was recommended.

7. On 30 October 1970, after consulting with counsel, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. He indicated in his request that he understood he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate, that he may be deprived of many or all Army benefits, and that he may be ineligible for many or all benefits administered by the Veterans Administration. He also acknowledged that he may be deprived of his rights and benefits as a veteran under both Federal and State law and that he may expect to encounter substantial prejudice in civilian life by reason of an undesirable discharge. Additionally, the applicant elected not to submit a statement on his own behalf.

8. On 13 November 1970, the intermediate commander recommended that the applicant’s request for discharge be approved and that he be furnished an undesirable discharge.

9. On 27 November 1970, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Undesirable Discharge Certificate.

10. Accordingly, the applicant was discharged under other than honorable conditions on 27 November 1970 under the provisions of Army Regulation
635-200, chapter 10, for the good of the service. He had served 2 years,
4 months and 4 days of total active service with 128 days of lost time due to AWOL and confinement.

11. Item 17 (Physical Status) on the applicant’s DA Form 20 (Enlisted Qualification Record), which was authenticated by the applicant on 22 October 1970, shows his physical profile as 111111.

12. In support of the applicant’s claim that he was suffering from PTSD at the time of his discharge, he provided a medical record, dated 19 July 2001; a letter, dated 2 July 2001, from his therapist; and a letter, dated 9 July 2001, from his father.

13. The applicant’s DD Form 214 with an effective date of 23 January 1969 shows the National Defense Service Medal and the Parachutist Badge as authorized awards.

14. The applicant’s DD Form 214 with an effective date of 27 November 1970 shows the entry, “NONE” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

15. Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows entitlement to the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Combat Medical Badge, the Purple Heart, the Army Commendation Medal with “V” Device and one Oversea Service Bar.

16. Records show the applicant served in Vietnam from 10 March 1969 through 13 December 1969 and participated in three campaigns (Tet 69 Counteroffensive, 1969, 23 February 1969 to 8 June 1969; Vietnam Summer-Fall 1969, 9 June 1969 to 31 October 1969; and Vietnam Winter-Spring 1970,
1 November 1969 to 30 April 1970).

17. 3D Brigade 82D Airborne Division Special Orders Number 140, dated
20 May 1969, show the applicant was awarded the Combat Medical Badge.

18. 3D Brigade 82D Airborne Division General Orders Number 1069, dated
14 July 1969, show the applicant was awarded the Purple Heart for wounds received in action on 10 July 1969.

19. 3D Brigade 82D Airborne Division General Orders Number 1081, dated
19 July 1969, show the applicant was awarded the Army Commendation Medal with “V” Device for heroism on 11 July 1969 in Vietnam.

20. There is no evidence in the applicant’s service personnel records which show he applied to the Army Discharge Review Board within its 15-year statute of limitations.

21. 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 separation authority may direct a general discharge, if such is merited by the soldier’s overall record during the current enlistment.

22. Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual.

23. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the soldier’s separation specifically allows such characterization.

24. Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted. Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric. Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.

25. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after
3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This regulation also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

26. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific timeframes and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Oversea Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one oversea service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the oversea service bar.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he was suffering from PTSD at the time of his discharge. The Board also considered the documentation provided in support of this claim. However, there is no medical evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was diagnosed with PTSD prior to his discharge on 27 November 1970.

2. The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial, was administratively correct and in conformance with applicable regulations.

3. The Board reviewed the applicant’s record of service which included one nonjudicial punishment for possession of marijuana and 128 days lost and determined that his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel. Therefore, he is not entitled to an honorable discharge.

4. The Board notes that the regulation authorizes the discharge authority to direct a general discharge if such is merited by the soldier’s overall record during the current enlistment.

5. Based on the applicant’s prior honorable discharge and his excellent record in combat in Vietnam including awards of the Combat Medical Badge, the Purple Heart and the Army Commendation Medal with “V” Device, the Board concludes that the applicant’s record is satisfactory and a general discharge is warranted.

6. The applicant’s DD Form 214 with an effective date of 27 November 1970 does not show any awards or decorations in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). Evidence of record shows the applicant is entitled to award of the Vietnam Service Medal with three bronze service stars, the Combat Medical Badge, the Purple Heart, the Army Commendation Medal with “V” Device and one Oversea Service Bar. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 27 November 1970 to show these awards and decorations.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by showing that the individual concerned received a general discharge on 27 November 1970; and

         b. by showing the entries, “Vietnam Service Medal with three bronze service stars”, “Combat Medical Badge”, “Purple Heart”, “Army Commendation Medal with “V” Device” and “one Oversea Service Bar” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 27 November 1970 of the individual concerned.

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

BOARD VOTE:

SP_____ EJA_____ SK______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Shirley Powell_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001063749
SUFFIX
RECON
DATE BOARDED	20020319
TYPE OF DISCHARGE	(UOTHC)
DATE OF DISCHARGE	19701127
DISCHARGE AUTHORITY	AR 635-200, Chapter 10
DISCHARGE REASON	For the good of the service
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	110.0200
2.	107.0000
3.
4.
5.
6.