PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 March 2003
         DOCKET NUMBER: AR2002078053


         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Raymond V. O'Connor, Jr.		Member
Ms. Eloise C. Prendergast		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 undesirable discharge (UD) be upgraded to a general discharge (GD) under honorable conditions, or an honorable discharge (HD).

3. In a 14-page letter to the Board, the applicant, the son of Cantonese-Jamaican parents, states that he came to the United States from Jamaica in 1970 after graduating from high school. He was inducted into the Army of the United States for 2 years on 3 February 1971. He became an airborne-qualified infantryman and was assigned to the 82nd Airborne Division, Fort Bragg, North Carolina. In late 1971, his unit began to receive an influx of Vietnam returnees. Drug use and racial tension became very commonplace. Being of mixed parentage, he was accepted by, and primarily associated with the black soldiers in the unit. However, two issues caused him to lose favor with the black soldiers. After racial tensions erupted into violence and he did not participate, and after a Criminal Investigation Division (CID) drug raid wrongly labeled him a CID informer, he began receiving threats against his life from his former black friends. Fearing for his life, he states that he absented himself without leave (went AWOL) on 29 December 1972 and never returned. He adds that he went back to Jamaica in January 1973 and remained there until October 1979 when he returned to the United States, eventually ending up in Los Angeles. In 1987, he received a Bachelor of Arts degree from Antioch University (Los Angeles). Since that time, he has become a renowned artist and he has sold more than $3,500,000 worth of art. He does volunteer work in his community and he has received numerous community service awards and performs his civic duties to the fullest extent of his ability. He has never been convicted of any crimes and he regrets going AWOL in 1972. He submits in support of his request a copy of his DD Form 214 (Report of Separation From Active Duty), his Discharge Certificate, community service awards and certificates, and a copy of his Bachelor of Arts degree.

4. The applicant’s military records show that he was born in Jamaica on 30 December 1952 and entered the United States on 13 July 1970 after graduating from high school. On 3 February 1971, he was inducted into the Army of the United States. After completing basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B, (Light Weapons Infantryman) and assigned to Fort Benning, Georgia, for basic airborne training. In July 1971, he completed airborne training and was awarded the Parachutist Badge and assigned to Company A, 1st Battalion, 325th Airborne Infantry, 82nd Airborne Division, Fort Bragg.

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5. The applicant's official military personnel file is void of any record of indiscipline. He was promoted to Private (PV2/E-2) on 21 May 1971, to Private First Class (PFC/E-3) on 6 July 1971, and to Specialist Fourth Class (SP4/E-4) on 30 August 1972. He was awarded the National Defense Service Medal, the Parachutist Badge, and the Expert Marksmanship Badge (M-16 Rifle).

6. On 29 December 1972, just 36 days before the expiration of his term of service (ETS) date, the applicant left his unit in an AWOL status and never returned to military control. On 2 January 1973, the applicant's unit commander indicated that it had been determined through an informal investigation that the applicant's AWOL status was not the result of domestic strife, financial difficulties, or coercion on the part of any member of his command. It was the commander's opinion that the applicant's absence was the direct result of his gross immaturity, failure to accept responsibility, and the routine of Army life. The commander also indicated that there was no evidence to indicate that the applicant had any intent to return and that his equipment had been inventoried and turned-in to the unit supply room.

7. A Federal Bureau of Investigation (FBI) Report, dated 15 July 1974, indicates the applicant’s sister, who lived in Kingston, Jamaica, advised the FBI that the applicant was residing at 75 Church Street, Montego Bay, Kingston, Jamaica, and that he had no intention of returning to the United States or to the Army.

8. On 30 April 1975, the applicant was advised by certified mail at the above address that he was being discharged from the United States Army for desertion with a UD. He was also advised of his rights and that he had 30 days to submit a statement in which he should include extenuating or mitigating circumstances that he felt would have a bearing on the discharge he would be issued. The available record contains a return receipt, dated 21 May 1975, that contains the applicant's signature. There is no evidence available to indicate that the applicant responded with a statement.

9. The applicant's DD Form 214 shows that, on 18 July 1975, he was separated under the provisions of chapter 15, Army Regulation 635-200, for desertion with a UD. He had completed 1 year, 10 months and 26 days of active military service and that he had 34 days of lost time due to being AWOL prior to his normal expiration of term of service (ETS) date and 896 days of lost time due to being AWOL subsequent to his normal ETS date.

10. There is no evidence that the applicant ever applied to the Army Discharge Review Board for review of his discharge under that board's 15-year statute of limitations.

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11. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 15 of that regulation provides for the elimination of enlisted personnel for misconduct by reason of AWOL or desertion. A discharge under other than honorable conditions is normally considered appropriate; however, at the time of the applicant's separation, the regulation provided for the issuance of a UD.

CONCLUSIONS:

1. The applicant contends that drug use and racial violence were prevalent in his unit. He also contends that he was targeted by black soldiers who believed that he was an informant for the CID and, when other soldiers were severely beaten by gangs of blacks, he went AWOL out of fear for his personal safety. However, the applicant has not presented any definitive evidence, and the available record does not contain any evidence, to support his contentions.

2. The applicant was a 2-year draftee. The record shows that he reported for induction, successfully completed all required military training, and volunteered for airborne training. It also shows that he rose through the junior enlisted ranks without any problems, attaining the rank of SP4 within 18 months. His record is also void of any disciplinary actions or negative counseling statements. In effect, he met all of the standards of acceptable conduct and performance of duty expected of Army personnel.

3. Given the applicant's trouble-free record of 23 months, the Board finds it unusual that, with only 34 days remaining for his ETS date, he would go AWOL.

4. The Board notes the applicant's many post-service accomplishments, to include his educational, artistic, and community-service achievements and, although his discharge proceedings were conducted in accordance with law and regulations applicable at the time and are without error, the character of the discharge does not appear to be commensurate with his overall record of military service or his post-service record of accomplishments.

4. The Board accepts the applicant's explanation of why he went AWOL, acknowledges his many post-service accomplishments, and believes that it would be unjust for him to continue to suffer the stigma of a UD more than 25 years after the fact. In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would, therefore, be appropriate to correct his records as indicated below.

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case
be corrected by voiding the 18 July 1975 UD of the individual concerned and issuing to him a General Discharge of the same date.

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

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

____jhl___ ____rvo___ ___ecp___ DENY APPLICATION



                           Joann Langston
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078053
SUFFIX
RECON
DATE BOARDED	20030327
TYPE OF DISCHARGE	(UD)
DATE OF DISCHARGE	19750718
DISCHARGE AUTHORITY	AR635-200, Chap 15
DISCHARGE REASON	A67.00
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	144.6700
2.
3.
4.
5.
6.