MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2002070743

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

Mr. Carl W. S. Chun		Director
Ms. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Roger W. Able		Member
Mr. John T. Meixell		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. 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.

         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:

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

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APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded to general under honorable conditions.

APPLICANT STATES: That he was discharged without being given a chance to complete his tour. He received the Bronze Star Medal and the Purple Heart for saving the lives of a lot of good men. That should surely count for something. He would like to be buried in peace. He provides his Report of Transfer or Discharge, DD Form 214, as supporting evidence.

EVIDENCE OF RECORD: The applicant's military records show:

He was born on 8 August 1948. He graduated from high school. He was inducted into the Army on 5 November 1968. He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

The applicant departed absent without leave (AWOL) from 1 – 5 May 1969. He arrived in Vietnam on or about 9 May 1969 and was assigned to Company C, 2d Battalion, 7^th Cavalry, 1^st Air Cavalry Division on 17 May 1969. He was reassigned to Company E, 2d Battalion, 7^th Cavalry, 1^st Air Cavalry Division on 2 June 1969.

General Orders 7460, Headquarters, 1^st Air Cavalry Division dated 12 June 1969 awarded the applicant the Purple Heart for wounds received on 6 June 1969. General Orders 7979, Headquarters, 1^st Cavalry Division (Airmobile) awarded him the Bronze Star Medal with “V” device for heroism on 6 June 1969. Special Orders 181, Headquarters, 1^st Air Cavalry Division dated 30 June 1969 awarded him the Combat Infantryman Badge.

The applicant departed AWOL on 17 July 1969 and returned to military control on 28 August 1969. He departed AWOL again on 17 September 1969 and returned to military control on 21 September 1969.

On 25 September 1969, court-martial charges were preferred against the applicant charging him with being AWOL from 17 July to on or about 29 August 1969. An additional charge of being disrespectful in language towards his superior noncommissioned officer was preferred against him. A further additional charge of disobeying a lawful command was preferred against him.

On 16 October 1969, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial. The applicant was

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advised of the effects of a discharge UOTHC and that he might be deprived of many or all Army and Veterans Administration benefits. He submitted no statement in his own behalf.

On 23 October 1969, the applicant completed a separation physical and was found qualified for separation.

On 27 October 1969, the appropriate authority approved the applicant’s request and directed he receive a discharge UOTHC.

The applicant departed Vietnam on 30 October 1969 after receiving credit for participation in two campaigns.

On 1 November 1969, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge UOTHC. He had completed 9 months and 13 days of creditable active service and had 74 days of lost time. His DD Form 214 erroneously shows his separation authority as Army Regulation 635-212. It shows he was awarded the National Defense Service Medal, the Purple Heart, the Bronze Star Medal, and the Combat Infantryman Badge.

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. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. A discharge UOTHC is normally considered appropriate.

Army Regulation 600-8-22 provides the policy and criteria concerning individual military decorations. In pertinent part, it states that the Vietnam Service Medal is awarded to individuals for one day of service in Vietnam during the period 4 July 1965 - 28 March 1973. One bronze service star is worn on the Vietnam Service Medal to denote each credited campaign.

Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 7^th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 – February 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 1 January 1969 – 1 February 1970.

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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 this requirement.

2. 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. There is no indication that the request was made under coercion or duress.

3. It appears the applicant was not given the chance to complete his tour, either in Vietnam or in the Army, because he did not want that chance. The Board notes that he went to Vietnam only after going AWOL first and then went AWOL again only two months after arriving in Vietnam. He separated at his own request.

4. The Board is cognizant of the fact the applicant was awarded the Purple Heart and the Bronze Star Medal with “V” device; however, considering his short service in Vietnam due to his own misconduct these factors do not mitigate his misconduct and do not warrant upgrading his discharge.

5. There are several administrative errors on the applicant’s DD Form 214. The incorrect separation authority is cited, he was awarded the Bronze Star Medal with “V” device, and he meets the eligibility criteria to wear the Vietnam Service Medal with two bronze service stars. In addition, he was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class and so is authorized to wear these unit awards, also.

6. 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.

NOTE: The Army Review Boards Agency, Support Division will be directed to administratively correct the applicant’s records by amending his DD Form 214 to show his discharge authority as Army Regulation 635-200, chapter 10 and to

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show he was awarded the Bronze Star Medal with “V” device, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__RVO__ __RWA__ __JTM__ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002070743
SUFFIX
RECON
DATE BOARDED	2002/06/20
TYPE OF DISCHARGE	UOTHC
DATE OF DISCHARGE	1969/11/01
DISCHARGE AUTHORITY	AR 635-200, ch 10
DISCHARGE REASON	A70.00
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.