RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 January 2006
      DOCKET NUMBER:  AR20050005908


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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, in effect, that his undesirable discharge,
characterized as under other than honorable conditions, be upgraded to
honorable.

2.  The applicant states, in effect, that his troubles started in 1967 when
he returned from his second tour in Vietnam and was assigned as a drill
sergeant at Fort Dix, New Jersey.  He further states that he could not cope
with the policy of having to "pass everybody whether they were qualified or
not."  He stated that unqualified Soldiers could get his friends who were
still in Vietnam or themselves hurt or killed.  He stated that he started
drinking and things just got worse.

3.  The applicant further states that he has been sober since 1983.  He
further states that he got married to a woman in 1986 who changed his
outlook on life.  He states that he has raised four children, has nine
grandchildren, and two great grandchildren.

4.  The applicant provides:

      a.  a statement, signed by 25 individuals, that states the applicant
is an honest, trustworthy, and dependable man and is a devoted man of God;

      b.  a statement from his employer who states that the applicant is
dependable and is cheerful, friendly, and works well with fellow employees;

      c.  statements from two friends who state that the applicant is a
calm and cool person who is a very good and dear friend.  The statements
also state the applicant is an active church member, tries to live by the
golden rule, and is suffering from lung and prostrate cancer;

      d.  statements from two of his step-daughters who state that the
applicant is a loyal and supportive father who is active in his community
and church.  They also state that the applicant is honest, trustworthy, and
compassionate toward his family; and

      e.  statements from two of his grandchildren who state that the
applicant has always been a loving and loyal husband, father, and
grandfather.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 3 June 1969, the date of his discharge.  The application
submitted in this case is dated 29 March 2005 and was received on 18 April
2005.
2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he initially enlisted in the
U.S. Army on 25  May 1963, for a period of 3 years.  He successfully
completed basic combat and advanced individual training and was awarded the
military occupational specialty 11B10 (light weapons infantryman).

4.  The applicant was assigned to Vietnam during the period from 6 December
1964 through 15 November 1965.  During this tour, the applicant was awarded
Aviation Gunner Wings.  He was also awarded the Air Medal for meritorious
achievement while participating in aerial flight during the period from 7
December 1964 to 1 January 1965.

5.  On 15 November 1965, the applicant was discharged to immediately
reenlist. He had completed 2 years, 5 months, and 21 days of active service
that was characterized as honorable.

6.  On 16 November 1965, the applicant reenlisted for a period of 6 years.


7.  The applicant was assigned to Vietnam during the period from 4 January
1966 through 10 January 1967.  During this period, the applicant was
awarded the following personal decorations:

      a.  the Bronze Star Medal with "V" Device for heroism.  According to
the citation, the applicant, although having suffered a serious wound from
enemy machine gun fire himself, "crawled under a hail of enemy fire" to a
fellow Soldier who had also been seriously wounded to administer first aid
and drag him to safety.  The citation also stated that the applicant, being
unable to rescue the Soldier by himself, had to "crawl off the hill to
obtain help" and then returned to drag the Soldier to safety.  The citation
also stated that by risking his life to try and save the wounded Soldier,
while seriously wounded himself, the applicant displayed courage and
loyalty of the highest order.

      b.  the Bronze Star Medal for meritorious service in connection with
military operations against a hostile force during the period from January
1966 to January 1967;
      c.  three awards of the Purple Heart for wounds suffered on 27 July
1966,
28 July 1966, and 13 November 1966; and

      d.  the Combat Infantryman Badge.

8.  On 7 March 1967, the applicant was assigned to the 1st Advanced
Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Dix,
New Jersey for duty as a drill sergeant.

9.  Headquarters, 1st Advanced Individual Training Brigade, U.S. Army
Training Center, Infantry, Fort Dix, New Jersey General Orders Number 6,
dated 16 May 1967, announced the award of the Good Conduct Medal to the
applicant for the period 15 June 1963 to 14 June 1966.

10.  The applicant accepted nonjudicial punishment (NJP) under Article 15,
Uniform Code of Military Justice (UCMJ), on 27 April, 8 July, and 27
November 1967 and on 5 February 1968.  His offenses included three
specifications of absent from appointed place of duty and one specification
of absent without leave (AWOL) during the period from 10 November 1967 to
17 November 1967.

11.  On 21 May 1968, the applicant was convicted by a special court-martial
(SPCM) for AWOL during the period from 25 March 1968 to 29 April 1968.

12.  On 7 April 1969, the applicant was convicted by a SPCM for being AWOL
during the period from 14 February 1969 to 16 March 1969.

13.   On 5 May 1969, the applicant's commander recommended that he be
eliminated from the service by reason of frequent incidents of a
discreditable nature with military authorities and furnished an Undesirable
Discharge Certificate.  The commander's recommendation contained a request
to waive counseling and rehabilitation.

14.  On 7 May 1969, the applicant was evaluated by the Chief of Psychiatry,
Mental Hygiene Consultation Service, Irwin Army Hospital, Fort Riley,
Kansas.  The examiner diagnosed the applicant with an immature personality
with chronic alcoholic abuse, chronic, moderate, manifested by poor
judgment, resentment of authority, impulsive, maladaptive behavior, and
chronic alcoholic abuse.  The examiner also stated that it can be presumed
that the longstanding character and behavior disorder described will tend
to exist permanently.  The examiner further determined that the applicant
was mentally responsible, able to distinguish right from wrong, able to
adhere to the right, and had the mental capacity to understand and
participate in proceedings.
15.  On 14 May 1969, the applicant waived his right to have his case heard
by a Board of Officers and a personal appearance before the Board of
Officers.  The applicant also waived his right to counsel and declined to
submit statements in his own behalf.  The applicant acknowledged that he
might expect to encounter substantial prejudice in civilian life if a
general discharge under honorable conditions was issued to him.  The
applicant also acknowledged that, as the result of issuance of an
undesirable discharge under conditions other than honorable, he may be
ineligible for many or all benefits as a veteran under both federal and
state laws, and that he may expect to encounter substantial prejudice in
civilian life.

16.  On 21 May 1969, the appropriate authority approved the waiver of
rehabilitation transfer and approved the applicant's discharge under the
provisions of Army Regulation 635-212 for unfitness, frequent incidents of
a discreditable nature with civil or military authorities and directed the
applicant be furnished an Undesirable Discharge Certificate.

17.  On 3 June 1969, the applicant was discharged from active duty due to
unfitness, frequent involvement in incidents of a discreditable nature with
civil
or military authorities under the provisions of Army Regulation 635-212 and

issued an Undesirable Discharge Certificate.  The applicant had served 2
years, 8 months and 1 day of active service and had 321 days time lost.

18.  There is no indication that the applicant applied to the Army
Discharge Review Board (ADRB) for an upgrade of his discharge within the
ADRB's 15-year statute of limitations.

19.  Army Regulation 635-212, then in effect, set forth the policy and
procedures for the administrative separation of enlisted personnel for
unfitness and unsuitability.  Paragraph 6a(1) of the regulation provided,
in pertinent part, that members involved in frequent incidents of a
discreditable nature with civil or military authorities were subject to
separation for unfitness.  An undesirable discharge was normally considered
appropriate.  However, the regulation provides that an honorable or general
discharge certificate may be awarded if the individual has been awarded a
personal decoration or if warranted by the particular circumstances in a
given case.

20.  Army Regulation 635-200, then in effect, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.  Whenever there is doubt, it is to be
resolved in favor of the individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his undesirable discharge, characterized as
under other than honorable conditions, should be upgraded to honorable.

2.  The applicant contends that his troubles started in 1967 when he was
assigned as a drill sergeant at Fort Dix, New Jersey,  because he could not
cope with the policy of having to "pass everybody whether they were
qualified or not."  He contends that unqualified Soldiers could get his
friends who were still in Vietnam or themselves hurt or killed.

3.  The evidence shows that the applicant had almost 4 years of honest and
faithful service, with no infractions of the UCMJ, prior to being assigned
as a drill sergeant.  However, there is no evidence to support the
applicant's contention concerning qualification policies at Fort Dix or the
effect of these policies on Soldiers in Vietnam.

4.  There is no evidence that the applicant's separation under the
provisions of Army Regulation 635-212 due to unfitness, frequent
involvement in incidents of a discreditable nature with civil or military
authorities, was not in compliance with the applicable regulation, in
effect at the time.  There also is no indication of procedural errors that
would tend to jeopardize his rights.

5.  In the absence of evidence to the contrary, it is determined that all
requirements of law and regulations were met and the rights of the
applicant were fully protected throughout the separation process.  Further,
it is determined that the reason for separation was appropriate considering
all the facts of the case.

6.  Although the applicant had 321 days time lost during this enlistment
only
135 of those days were AWOL, the remaining amount being time spent in
confinement as a result of his courts-martial.  As a result, his quality of
service did not meet the standards of acceptable conduct and performance of
duty for Army personnel.  Therefore, the applicant is not entitled to an
honorable discharge.

7.  While the applicant's periods of AWOL cannot be condoned, these were
strictly military offenses that have no equivalent crime in the civil court
system.  The applicant committed no other infractions of the UCMJ other
than AWOL and being absent from his appointed place of duty.
8.  Statements from his family and friends show that despite his type of
discharge, the applicant has gone on to lead a productive life, raising a
family who is proud of him, and friends who are willing to stand by him.

9.  In this specific case, the applicant's heroism while under fire (Bronze
Star Medal with "V" Device); his overall performance while in combat (three
Purple Hearts and the Combat Infantryman Badge); his previous years of
excellent service (Bronze Star Medal and the Air Medal for meritorious
service and a Good Conduct Medal), and his previous honorable discharge
clearly outweigh any disqualifying entries.

10.  The regulation under which the applicant was discharged provides for
the issuance of a discharge under honorable conditions when the individual
has been awarded a personal decoration.  Therefore, in the interest of
justice, it would be appropriate to change the characterization of the
applicant's discharge to under honorable conditions.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 June 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 June 1972.  The applicant did not file within the 3-year
statute of limitations.  However, compelling evidence shows that it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____gjp__  ___wfc__  ___ji____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing the
characterization of the applicant's discharge on 3 June 1969 as under
honorable conditions instead of under conditions other than honorable.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
a change of characterization to honorable.




                            ________John Infante__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005908                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060119                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]