| Mr. Carl W. S. Chun | Director | |
| Ms, Yvonne J. Foskey | Analyst |
| Ms Gail J. Wire | Chairperson | |
| Ms. Karen A. Heinz | Member | |
| Mr. Robert L. Duecaster | Member |
2. The applicant requests, in effect that his undesirable discharge (UD) be upgraded to an honorable discharge (HD).
3. The applicant states, in effect, that he served honorably to protect his country against all enemies, foreign and domestic. He further states that he is a decorated Vietnam veteran who earned the Combat Infantryman Badge (CIB), Air Medal (AM), and Army Commendation Medal (ARCOM), and did not deserve to receive an UD.
4. The applicant’s military records show that he initially enlisted in the Regular Army and entered active duty on 26 January 1968. He was trained and served in military occupational specialty (MOS) 11B (Infantryman). He also served in the Republic of Vietnam (RVN), from 1 July 1968 through 26 June 1969, and received “Excellent” conduct and efficiency ratings during this tour.
5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that the highest rank he attained while serving on active duty was specialist/E-4. It also shows that during his tenure on active duty, he earned the following awards: National Defense Service Medal; ARCOM; AM; CIB; Vietnam Service Medal; Vietnam Campaign Medal with 60 Device; 1st Class Gunner Badge (Machine Gun); Marksman Qualification Badge with Rifle Bar; and two Overseas Bars.
6. The applicant’s record reveals a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) on 17 September 1969, for being absent without leave (AWOL) from 28 August 1969 to 17 September 1969.
7. On 2 September 1970, the applicant was found guilty of being AWOL, from
6 October 1969 to 29 June 1970, by a special court-martial. The resultant sentence included a reduction in grade (E-1), 30 days of hard labor without confinement, and a forfeiture of $88.00 per month for three months.
8. On 17 March 1971, the unit commander initiated a suspension of favorable personnel actions (DA Form 268) on the applicant based on his being AWOL from 15 September 1970 to 17 March 1971.
9. The facts and circumstances surrounding the applicant’s discharge processing are not in the record. However, there is a separation document
(DD Form 214) on file that confirms that on 14 April 1971, he received an UD under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial. The separation document also verifies that at the time of his discharge, he had completed 1 year, 10 months, and 24 days of creditable active military service, and he had accrued 470 days of time lost due to AWOL.
10. There is no indication that the applicant requested an upgrade of his discharge from the Army Discharge Review Board within its 15 year stature of limitations.
11. 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. A discharge under other than honorable conditions is normally considered appropriate. However at the time of the applicant’s discharge, issuance of an UD was authorized.
CONCLUSIONS:
1. The Board notes the applicant’s contention that he was a combat veteran who served honorably to protect his country, and it finds this claim has merit.
2. The applicant’s discharge was processed in accordance with the governing regulation and was proper and equitable at the time it was issued. However, in the opinion of the Board, the applicant’s combat service in the RVN was sufficiently meritorious, as evidenced by his “Excellent” conduct and efficiency ratings and his earning the CIB, AM, and ARCOM, to warrant relief.
3. Although the Board finds the applicant’s combat service supports an upgrade of his discharge, it concludes that his AWOL related offenses clearly diminished the quality of his service below that meriting a fully honorable discharge. Therefore, the Board concludes that it would be appropriate and serve the interest of equity to upgrade his discharge to a general, under honorable conditions discharge (GD) based on overall record of military service.
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 the individual concerned received a general, under honorable conditions discharge on 14 April 1971, in lieu of UD of the same date he now holds; and by providing him a corrected separation document that reflects this change.
2. That so much in excess of
BOARD VOTE:
GJW_ ________ ________ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ __RLD__ __KH__ DENY APPLICATION
Gail J. Wire
CHAIRPERSON
| CASE ID | AR |
| SUFFIX | |
| RECON | |
| DATE BOARDED | |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | AR |
| DISCHARGE REASON | |
| BOARD DECISION | (NC, GRANT , DENY, GRANT PLUS) |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003085447C070212
The applicant states, in effect, that the ARCOM and AM he earned are not included in the list of earned awards on his separation document (DD Form 214) and he needs them added at this time. The applicant’s Military Personnel Records Jacket (MPRJ) includes a copy of General Orders (GO) Number 4247, dated 25 July 1969, issued by Headquarters, 4 th Infantry Division, RVN, which awarded the applicant the ARCOM. The DD Form 214 issued to the applicant on the date of his separation shows that he...
ARMY | BCMR | CY2003 | 2003087279C070212
The applicant’s Enlisted Qualification Record for his first enlistment indicates that during this first period of active duty service, he completed an overseas tour of duty in Korea, and he earned the National Defense Service Medal (NDSM). The separation document (DD Form 214) issued to him on the date of his separation from this period of active duty service indicates that up to that date he had earned the NDSM, Armed Forces Expeditionary Medal (AFEM), and the Army Good Conduct Medal...
ARMY | BCMR | CY2005 | 20050001947C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 October 2005 DOCKET NUMBER: AR20050001947 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. The applicant states, in effect, he received the CIB during his service in the Republic of Vietnam (RVN), but the badge was not included in the list of awards entered on his separation document (DD Form 214). Item 24...
ARMY | BCMR | CY2005 | 20050000126C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 August 2005 DOCKET NUMBER: AR20050000126 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. The DD Form 214 he was issued upon his separation shows, in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he earned the NDSM. The applicant’s DA Form...
ARMY | BCMR | CY2010 | 20100010912
Application for correction of military records (with supporting documents provided, if any). The applicant requests his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected as follows: * Removal of 2 days of time lost * Award of the Army Commendation Medal (ARCOM) * Award of the Army Good Conduct Medal (AGCM) * Addition of the Aviation Badge * Award of the Senior Parachutist Badge * Addition of the First Class Badge with M-60 Machine Gun...
ARMY | BCMR | CY2011 | 20110002617
Application for correction of military records (with supporting documents provided, if any). U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 by: a. deleting the current VSM and ARCOM entries and b. adding the Vietnam Service Medal with 4 bronze service stars, Army...
ARMY | BCMR | CY2014 | 20140015598
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal (AM) and the Army Commendation Medal (ARCOM) (2nd Award). Records show he participated in four campaigns during his service in the RVN. In the absence of corroborating evidence in his official military personnel file or in ADCARS that shows orders were issued awarding him the AM or the ARCOM (2nd Award), he is not entitled to have his...
ARMY | BCMR | CY2003 | 2003090232C070212
Member The applicant and counsel if any did not appear before the Board. This program, known as the DOD Special Discharge Review Program (SDRP) required, in the absence of compelling reasons to the contrary, that a discharge upgrade to either honorable or general be issued in the case of any individual who had either completed a normal tour of duty in Southeast Asia, been wounded in action, been awarded a military decoration other than a service medal, had received an honorable discharge...
ARMY | BCMR | CY2006 | 20060014847C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 May 2007 DOCKET NUMBER: AR20060014847 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. However, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirms he is entitled to these awards. It states, in pertinent part, that a bronze service star is authorized...
ARMY | BCMR | CY2004 | 20040000378C070208
The applicant provides the following documents in support of his application: DD Form 214, Two Air Medal (AM) Citations, Military Occupational Specialty (MOS) Orders, Two Heroism Army Commendation Medal (ARCOM) Orders, Bronze Star Medal (BSM) Orders, DA Form 1577 (Authorization for Issuance of Awards), and Separation Document Correction (DD Form 215). Although the applicant has provided two AM Citations, the evidence of record corroborates only one award of the AM, as evidenced by the entry...