PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 April 2003
         DOCKET NUMBER: AR2002080928


         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:

Mr. Samuel A. Crumpler		Chairperson
Mr. Roger W. Able		Member
Mr. Patrick H. McGann		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.

---

2. The applicant requests that his undesirable discharge be upgraded to honorable.

3. The applicant states, in effect, that his discharge should be upgraded to honorable or at the very least to a general discharge based on the recommendations of the Staff Judge Advocate (SJA) at the time. He further states that he was aware that there was a controversy regarding the characterization of his discharge at the time; however, because he was suffering from post-traumatic stress disorder (PTSD) at the time, he was unable to comprehend the consequences.

4. The applicant’s military records show that he was inducted in Charlotte, North Carolina, on 19 February 1970. He successfully completed his training and was transferred to Vietnam on 17 July 1970, for duty as a light weapons infantryman. He was advanced to the pay grade of E-4 on 11 February 1971.

5. While in Vietnam he was awarded the Combat Infantryman Badge, the Bronze Star Medal and the Army Commendation Medal. He departed Vietnam on 16 July 1971 and was transferred to Fort Riley, Kansas, on 18 August 1971.

6. On 8 September 1971, he went absent without leave (AWOL) and remained absent until he was returned to military control at Fort Bragg, North Carolina, on 8 November 1973, where charges were preferred against him for the AWOL offense.

7. On 15 November 1973, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. In his request he indicated that he was making the request of his own free will, without coercion from anyone and that he was aware of the implications attached to his request. He also acknowledged that he understood that he could receive a discharge under other than honorable conditions and that he might be deprived of all benefits as a result of such a discharge. He further elected not to submit a statement in his own behalf.

8. The applicant's chain of command interviewed the applicant and he stated that he disliked the Army, could not adjust to duty at Fort Riley and that he just got tired of it all and went AWOL. The chain of command recommended that he be furnished an Undesirable Discharge Certificate.

9. The SJA noted that the applicant had received awards for his service in Vietnam and recommended that the applicant be issued a General Discharge Certificate.

10. The appropriate authority approved the applicant's request on 14 December 1973 and directed that he be furnished a General Discharge Certificate.

11. On 28 December 1973, he was discharged; however, contrary to the directions of the General Court-Martial Convening Authority (GCMCA), he was discharged under other than honorable conditions and was issued an Undesirable Discharge Certificate. He had served 1 year, 6 months and 25 days of total active service and had 825 days of lost time due to AWOL and confinement.

12. There is no evidence in the available records which shows 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.

13. 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 voluntary 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 the individual concerned must 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 was at that time and is still normally considered appropriate.

CONCLUSIONS:

1. 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.

2. However, the GCMCA directed that the applicant be furnished a General Discharge Certificate and through an administrative error, the applicant was erroneously issued an Undesirable Discharge Certificate. Accordingly, the Board finds that it would be in the interest of justice to correct this error by issuing him a General Discharge Certificate and new report of separation (DD Form 214) to replace the Undesirable Discharge Certificate and DD Form 214 now held by him.

3. The Board has considered the applicant's contention that he should receive an honorable discharge for his service; however, given the extensive length of his absence, the Board finds that his service falls below the acceptable standard of an honorable discharge.
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 showing that the individual concerned was separated from the service with a General Discharge Certificate on 28 December 1973.

2. That the Department issue to him a General Discharge Certificate from the Army of the United States and a new DD Form 214, dated 28 December 1973, in lieu of the undesirable discharge of the same date held by him.

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

BOARD VOTE:

___sac__ __ra ____ ___pm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Samuel A. Crumpler____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002080928
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/04/03
TYPE OF DISCHARGE	UD
DATE OF DISCHARGE	1973/12/28
DISCHARGE AUTHORITY	AR635-200/CH10
DISCHARGE REASON	GD OF SVC
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 689	144.7000/A70.00
2.
3.
4.
5.
6.