RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 JULY 2005
      DOCKET NUMBER:  AR20040009275


      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. Gale J. Thomas                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Leonard Hassell               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected by upgrading his
discharge.

2.  The applicant states that his discharge was the result of his being
absent without leave (AWOL) that occurred after his return from Vietnam.
He reenlisted so that he could go to Vietnam, and after his return he
volunteered for a second tour.  Upon completion of his second tour in
Vietnam he returned to the states and landed at the airport in San
Francisco, California where he and other Soldiers were met by an angry mob
of people, as they walked through the airport they were called names, spit
on and hit with objects for reasons he did not understand.  They had just
come from a war and he was proud to have been a Soldier and served in
Vietnam.  After his return home he had a hard time dealing with what had
occurred and did not return to duty as instructed.

3.  Since his release from the military he has worked to make his life
better.  He has worked as an Emergency Medical Technician, a security guard
for a hospital, and has become a certified law enforcement detention
officer.  Since 1994 he has been certified as a police officer working his
way up to Chief of Police.  He has now been certified and serves as the
Sheriff of the county he lives in.

4.  The applicant provides copies of his discharge orders and his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant was initially inducted into the Army of the United States
on
20 March 1969.  On 22 November 1969, he enlisted in the Regular Army for a
period of 3 years.  He served in Vietnam between February 1970 and October
1970, and between February 1972 and June 1972.

2.  On 1 February 1971, the applicant accepted nonjudicial punishment (NJP)
under the provisions of Article 15, Uniform Code of Military Justice (UCMJ)
for being AWOL from 14 January 1971 to 29 January 1971.  His punishment was
reduction, restriction, and a forfeiture of pay.

3.  On 16 February 1972, the applicant accepted NJP under the provisions of
Article 15, UCMJ for being AWOL from 31 October 1971 to 9 February 1972.
His punishment was reduction and a forfeiture of pay.


4.  On 13 March 1973, the applicant’s commander preferred court-martial
charges against him for being AWOL from 24 July 1972 to 9 November 1972,
and from 27 November 1972 to 3 March 1973.

5.  On 15 March 1973, a medical examination cleared the applicant for
separation.

6.  On 16 March 1973, the applicant, after consulting with legal counsel,
voluntarily submitted a request for discharge for the good of the service,
under Army Regulation 635-200, Chapter 10, in lieu of trial by court-
martial.  He acknowledged that he was guilty of the charges against him,
and that he understood the effects of receiving a less than honorable
discharge.  The applicant submitted a statement in which he acknowledged
that he had been advised of his rights, and was making the request on his
won free will.  He further stated that he felt he could do better if he was
released from the service because he was having personal problems that
could not be resolved by the military.

7.  On 28 March 1973, the appropriate separation authority approved the
applicant’s request for discharge under the provisions of Army Regulation
635-200, Chapter 10, for the good of the service, and directed his
reduction to the lowest enlisted grade and the issuance of an undesirable
discharge.

8.  On 27 April 1973, the applicant was discharged under the provisions of
Army Regulation 635-200, Chapter 10.  His DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) indicates he had 2 years, 5
months, and 28 days of creditable service, and 343 days of lost time.

9.  Army Regulation 635-200, then in effect, set forth the basic authority
for the separation of enlisted personnel.  Chapter 10 of that regulation
provided, in pertinent part, that a member who had committed an offense or
offenses for which the authorized punishment included a punitive discharge
could at any time after the charges had been preferred, submit a request
for discharge for the good of the service in lieu of trial by court-
martial.  At the time of the applicant’s separation, the regulation
provided for the issuance of an undesirable discharge

DISCUSSION AND CONCLUSIONS:

1.  The applicant voluntarily requested separation under Army Regulation
635-200, chapter 10, for the good of the service, to avoid a trial by court-
martial.

2.  The applicant’s administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
error which would tend to jeopardize his rights.

3.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case and in conformance with
applicable regulations.

4.  The applicant’s personal problems, and his inability to deal with what
had occurred at the airport after returning from Vietnam is not supported
by any evidence.  The evidence which is available indicates he was
medically cleared for separation and shows that his first period of AWOL
occurred prior to his first tour of duty in Vietnam.  His good post-service
conduct; either individually or in sum, is also insufficient as a basis to
grant the relief requested.

5.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LS        __PM ___  __LH ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.




                                  _____ Linda Simmons_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040009275                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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