PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 September 2003
         DOCKET NUMBER: AR2002081095


         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:

Mr. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Karen A. Heinz		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 General Discharge (GD) be upgraded to an Honorable Discharge; that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all awards, decorations and badges to which he is entitled; and that his DD Form 214 be corrected to show that he completed a course of instruction and passed the GED (General Educational Development) test and is, in effect, a high school graduate.

3. The applicant states in a 10-page submission to the Board that he enlisted in the Army and felt that he had found a calling in life. While being transferred to Fort Ord, California, for advanced individual training, he stopped in Sacramento to visit his family. He learned that his father was in jail, charged with incest, and that his mother and sister were in dire economic straits. He attempted to obtain leave in order to help his family, but his gaining commander was unsympathetic, telling him to report or be declared AWOL (absent without leave). He was promised a court-martial should he go AWOL. He continues that he remained with his family and was AWOL from 27 October 1968 to 10 April 1969 when he surrendered to military authorities. True to his word, his commander court-martialed him and he was sentenced to 6 months in confinement. When he was released, he served honorably and well, including duty in Vietnam.

4. The applicant continues by stating that he wanted to make the Army a career, but was forced to separate as a result of a phase down in personnel strength in 1971. Thereafter, he became an alcoholic, went from job to job, suffered several failed marriages, and was forced to move numerous times. Ultimately, he settled down, got a job, and spent 22 years in the Federal service. In 1980, the Department of Veterans Affairs (DVA) diagnosed him as suffering from "traumatic war neurosis" and then post-traumatic stress disorder (PTSD). In 2000, he was rated as 100 percent disabled due to PTSD. He adds that, since his separation from active duty, he has only had one conviction for drunk driving in 1976.

5. In support of his request, the applicant provides a copy of his DD Form 214 and copies of: certificates and general orders for award of the Air Medal, the Army Commendation Medal, and the Bronze Star Medal [shown on his DD Form 214]; Special Orders Number 179 and 181, Headquarters, 3rd AIT Brigade, Fort Gordon, Georgia, dated 25 and 27 August 1969 respectively awarding him the Marksmanship Badge (Rifle M-16) and the Expert Badge (106MM RR); a GD Certificate; his enlistment contract; separation orders, dated 16 December 1961; General Educational Development (GED) test scores, dated 8 August 1968; assignment orders; correspondence with his mother; a letter written by his sister in support of his request; court-martial orders; promotion orders; a certificate for completion of the armorer course; a medical certificate and history statement

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from the DVA; post-service civilian awards, certificates, letters of appreciation and other documents relating to his civilian work history; a letter from the DVA, Northern California, dated 7 June 2002; and medical documentation supporting his disability.

6. The applicant’s military records show that, on 10 July 1968, he enlisted in the Regular Army for 3 years and airborne training.

7. In August 1968, the United States Armed Forces Institute, Madison, Wisconsin, awarded the applicant his high school equivalency diploma after he satisfactorily completed the GED training requirements.

8. In September 1968, the applicant completed basic combat training at Fort Lewis, Washington. He was then sent to Redstone Arsenal, Alabama, for technical training in military occupational specialty (MOS) 34G Fire Control Computer Repairer. For reasons that are not clearly stated in his records, he departed Redstone Arsenal on 23 October 1968 in a casual leave status en route to Fort Ord for infantry training. He did not report and was placed in an AWOL status from 27 October 1968. He remained AWOL until he returned to military control at Fort Ord on 10 April 1969.

9. On 29 April 1969, the applicant was tried and convicted by a special court-martial for the above period of AWOL. His sentence included confinement at hard labor for 6 months and the forfeiture of $68.00 pay per month for 6 months. He was placed in military confinement at the US Army Retraining Brigade, Fort Riley, Kansas, from 29 April to 23 July 1969. On 24 July 1969, the remaining portion of his sentence was suspended without further action.

10. The applicant's DA Form 20 (Enlisted Qualification Record), Item 42 (Remarks) shows that he did not qualify for airborne training as a result of his extended period of AWOL and military confinement.

11. On 28 July 1969, the applicant was assigned to Fort Gordon, Georgia, for completion of AIT. He completed AIT and was awarded MOS 11H (Direct Fire Crewman). On 26 September 1969, he was assigned to Germany.

12. On or about 23 July 1970, the applicant was assigned to Company D, 1st Battalion, 506th Infantry, in Vietnam. On 10 July 1971, he returned to the United States and on 20 August 1971, he was assigned to Fort Hood, Texas.

13. A Department of the Army Certificate of Training, dated 10 September 1971, shows that the applicant completed a three-week armorer course conducted by Headquarters, III Corps and Fort Hood.

14. On 29 November 1971, as part of the separation process, the applicant underwent a medical examination, the applicant annotated his report of medical examination to state " I am in good health." He was determined to be qualified for separation.

15. On 20 December 1971, he was released from active duty under the provisions of Army Regulation 635-200, paragraph 5-3, for the good of the service with a GD in accordance with Department of the Army Message DAPE-MPP 102035Z Dec 71. This message is no longer available.

16. The applicant's DD Form 214 shows he had completed 2 years, 9 months and 3 days of creditable active military service and he had 252 days of lost time due to being AWOL and in military confinement. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards and decorations: Vietnam Service Medal (VSM) with 1 bronze service star, Vietnam Campaign Medal, Army Commendation Medal, Bronze Star Medal, Air Medal, Combat Infantryman Badge, and the Sharpshooter Badge (Rifle).

17. The applicant's DD Form 214, Item 25 (Education and Training Completed), shows he completed the Indirect Fire Crewman Course at Fort Gordon, Georgia. In Item 30 (Remarks), it shows that he completed 11 years of schooling.

18. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. A review of this regulation and the applicant's service records indicates that, in addition to those items already shown on his DD Form 214, he is entitled to award of the National Defense Service Medal, a second Bronze Service Star for his Vietnam Service Medal (for participation in two campaigns - Counteroffensive, Phase VII and Consolidation, Phase I), a Marksman Marksmanship Qualification Badge (Rifle, M-16), an Expert Marksmanship Qualification Badge (Recoilless Rifle), and two Overseas Service Bars.

19. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. A review notes that the applicant's unit (1st Battalion, 506th Infantry) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 1 March 1971 - 9 October 1971 by Department of the Army General Order Number 6, dated 1974, while he was a member of the organization.

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20. AR 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. There is no automatic entitlement to the Good Conduct Medal, however current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

21. Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel. Chapter 5-3 provided that the release of enlisted members from active duty for the convenience of the Government was the prerogative of the Secretary of the Army. The Secretary had the authority to accomplish the separation. Except as delegated by this regulation or by Special Department of the Army directives. It was the Secretary's discretion as to the issuance of an honorable or general discharge certificate.

CONCLUSIONS:

1. Department of the Army Message DAPE-MPP 102035Z Dec 71, the authority for the applicant's discharge is no longer available; however, the Board presumes regularity in the discharge process and finds, based on existing records, that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.

2. The Board concluded the applicant's separation authority, after considering the totality of the applicant's service record, to include his Vietnam service, that a general discharge most appropriately characterized that service.

3. As noted in the evidence of record above, the applicant's DD Form 214 does not properly reflect his civilian and military educational achievement, or all of the awards, decorations and badges to which he is entitled. Having completed the requirements for the GED program, he is entitled to have his DD Form 214 reflect 12 years of educational achievement vice the 11 years actually shown in Item 30. Having completed the armorer course at Fort Hood, he is entitled to have this accomplishment reflected in Item 25. Finally, he is also entitled to have Item 24 corrected to show that he was awarded the National Defense Service Medal, the Marksman Badge with Rifle Bar (M-16), the Expert Badge with Recoilless Rifle Bar, two Overseas Service Bars, two Bronze Service Stars for wear on his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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4. Based upon the applicant's record of nonjudicial punishments, his special court-martial conviction, and his lengthy period of lost time, the Board does not find that he is entitled to award of the Good Conduct Medal. Although by today's standards a commander would be required to affirmatively deny award of the Good Conduct Medal, such was not the case during the applicant's period of service. There is no requirement which mandates that current standards be retroactively applied. As such, the Board concludes that, in the absence of compelling evidence that an error or injustice occurred in denying the applicant a Good Conduct Medal, it would be inappropriate for the Board to substitute its judgment for that of the applicant's commander at this late date.

5. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show:

a. In Item 24: delete the entry "Vietnam Service Medal w/1 Bronze Service Star" and add the following awards -- the National Defense Service Medal, the Marksman Badge with Rifle Bar (M-16), the Expert Badge with Recoilless Rifle Bar, two Overseas Service Bars, Vietnam Service Medal w/2 Bronze Service Stars, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

b. In Item 25, add "Fort Hood, Texas – Armorer Course;” and

c. In Item 30, delete the entry "11 years school" and add the entry "12 years school."

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

BOARD VOTE:

__fne___ __mhm___ __kah___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081095
SUFFIX
RECON
DATE BOARDED	20030916
TYPE OF DISCHARGE	(GD)
DATE OF DISCHARGE	19711220
DISCHARGE AUTHORITY	AR635-200
DISCHARGE REASON	A04.00
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	144.0400
2.	107.0056
3.	107.0079
4.
5.
6.