| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Ms. Melinda M. Darby | Member | |
| Mr. John T. Meixell | Member |
2. The applicant requests that his discharge under other than honorable conditions be upgraded to honorable, that his rank be restored, and that his report of separation (DD Form 214) be corrected to reflect awards of the Army Achievement Medal (AAM), the Humanitarian Service Medal (HSM), the Overseas Service Ribbon and his attendance at the Nuclear Biological Chemical (NBC) Course.
3. The applicant states, in effect, that he had an excellent career until he was transferred to Germany and encountered a company commander that disliked him. He goes on to contend that he was charged with an exaggerated charge of possession, use and distribution of marijuana, communicating a threat, refusing a lawful order or something to that effect, and destruction of government property. None of the charges were ever proven; however, his lawyer convinced him that requesting the chapter 10 discharge was better than going to Leavenworth for 10 years and getting a dishonorable discharge. He continues by stating that he has been a good citizen since his discharge and is active in his community.
4. The applicant’s military records show that he enlisted in the Regular Army on 15 August 1980 for a period of 3 years, training as a military policeman and assignment to Fort Benning, Georgia. He completed his training and was transferred to Fort Benning on 19 January 1981. While at Fort Benning, he was transferred on temporary duty to Fort Chaffee, Arkansas, on 26 October 1981 in support of the Cuban Refugee Program for 60 days. He was advanced to the pay grade of E-4 on 1 December 1981 and remained at Fort Benning until he was transferred to Germany on 26 March 1982.
5. On 28 May 1982, he completed the NBC Defense Officer/Noncommissioned Officer (NCO) Course. The duration of the course was from 17 May to 28 May 1982.
6. The facts and circumstances surrounding his administrative discharge are not present in the available records. However, his records do contain a duly constituted DD Form 214, which shows that he was discharged under other than honorable conditions on 16 May 1983, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 2 years, 9 months, and 2 days of total active service and was not credited with a completed overseas tour. There is no indication in his records that he was ever awarded the AAM.
7. His DD Form 214 shows that he was awarded the Army Service Ribbon as well as his marksmanship badges. It also shows that he attended his advanced individual training as a military policeman.
8. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
9. Army Regulation 600-8-25 provides, in pertinent part, that the HSM was awarded for direct support from any location to the Cuban Refugee Resettlement effort during the period of 27 April 1980 to 1 July 1985.
10. That regulation also provides that the Overseas Service Ribbon is awarded to members of the United States Army for successful completion of overseas tours.
11. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of the 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 charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A condition of submitting such a request is that they must admit guilt to the charges preferred against them or a lesser included offense which would also result in a punitive discharge. They must also indicate that they have been briefed and understand the consequences of such a request as well as the discharge they might receive. A discharge under other than honorable conditions is normally considered appropriate.
CONCLUSIONS:
1. In the absence of evidence to the contrary, it must be presumed that the applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations. Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.
2. After being afforded the opportunity to assert his innocence before a trial by court-martial, he voluntarily requested a discharge for the good of the service in hopes of avoiding a punitive discharge and a felony conviction. While he may now believe that he made the wrong choice, he should not be allowed to change his mind at this late date. The Board does not find it appropriate to attempt to establish innocence in his case at this late date, given that his admission of guilt was required in order for him to submit his request.
3. The applicable regulation indicates that a HSM was awarded for the Cuban Refugee Resettlement Program and it is reasonable that the applicant was awarded the HSM as he claims, for his participation in that program. Likewise, his records show that he attended the NBC Course and his records should be corrected to reflect the award of the HSM and attendance at the NBC Course.
4. However, there is no evidence that he was awarded the AAM or that he was eligible for award of the Overseas Service Ribbon. Therefore, there is no basis to grant that portion of his request.
5. 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 showing that the individual concerned was awarded the HSM and that he attended the NBC Course for 2 weeks in 1982.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__jm____ ___md __ __inw ___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Irene N. Wheelwright___
CHAIRPERSON
| CASE ID | AR2002066731 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/04/16 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PARTIAL |
| REVIEW AUTHORITY | |
| ISSUES 1. 121 | 107.0075/HSM |
| 2. 23 | 103.0000/NBC course |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090000890
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that her record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by credited her with participation in the 1980 and 1981 Cuban Campaigns. Although the applicant received a letter of commendation for providing support to the Cuban Resettlement Program at Fort Chaffee, Arkansas, from 2 August 1980 through 4 November 1980, there is...
ARMY | BCMR | CY2015 | 20150001404
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1 The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded a Certificate of Achievement and the Humanitarian Service Medal. He was awarded an Army Certificate of Achievement and the Humanitarian Service Medal for his participation, neither of which were listed on his DD Form 214 when he processed out of the Army. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080019182
The applicant states, in effect, he does not believe that these awards are recorded in his military records. The evidence of record shows that meritorious service awards may be awarded, upon retirement, which may include periods of service longer than that served in the recommending command and that such period is limited to the last 10 years of service. The evidence of record shows that the applicant served a qualifying period of service for award of the Korea Defense Service Medal from...
ARMY | BCMR | CY2010 | 20100016516
The applicant states he was wounded in Vietnam and he participated in the "Cuban Boat Affair." The applicant's service records: * do not contain his service medical records; there is no medical documentation of a wound suffered in Vietnam * do not contain orders/documentation awarding the Purple Heart or Humanitarian Service Medal 5. There is no such evidence available and the applicant's records contain no orders awarding the Purple Heart.
ARMY | BCMR | CY2012 | 20120004687
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his service at Fort Chaffee, AR, from May to June 1980 and award of the Humanitarian Service Medal. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2014 | 20140001745
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. he completed Airborne training; b. he was awarded the Army Commendation Medal (ARCOM), Combat Infantryman Badge (CIB), Combat Patch for service during mission Urgent Fury in Grenada, six awards of the Army Achievement Medal (AAM), and awards of the Humanitarian Service Medal (HSM) for service in Grenada in 1983 and for security operations in Fort Indiantown Gap, PA during...
ARMY | BCMR | CY2002 | 2002073105C070403
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT REQUESTS:...
ARMY | BCMR | CY2010 | 20100028763
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * she received a letter of commendation recognizing her efforts during the Cuban Resettlement Program * completion of Traffic School (now known as the Traffic Management and Accident Investigation Course) in Vilseck, Germany 2. The applicant's available record does not contain a certificate of training or any other evidence that shows she completed "Traffic School." There is...
ARMY | BCMR | CY2006 | 20060013569
x The Board considered the following evidence: Exhibit A - Application for correction of military records. He was promoted to the rank of first lieutenant on 10 September 1979 and was ordered to active duty on 11 February 1981, to attend the officer rotary wing aviator course (ORWAC) for a period of 34 weeks. Accordingly, his records should be corrected at this time to show that award.
ARMY | BCMR | CY1995 | 9511335C070209
APPLICANT REQUESTS: That his record be corrected to show that he was awarded the Humanitarian Service Medal (HSM). EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army for 4 years on 31 January 1980. The record does not show and the applicant has not provided any evidence to support his contention that he was awarded the HSM.