RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 23 FEBRUARY 2006
      DOCKET NUMBER:         AR20050007350


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. David Haasenritter            |     |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 report of separation (DD Form 214) be
corrected to reflect that he served in Vietnam for 10 months and 25 days.

2.  The applicant states that his DD Form 214 incorrectly reflects that he
served in Vietnam for 6 months and 8 days when in fact he arrived in
Vietnam during the last 2 weeks of November 1971 and that he served 10
months and 25 days in Vietnam.

3.  The applicant provides a copy of his DD Form 214 and a copy of his
record of assignments from his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1972.  The application submitted in this case is
dated 20 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.  He enlisted in Philadelphia, Pennsylvania, on 29 January 1971 for a
period of 4 years and assignment to the Army Security Agency (ASA).  He
completed his basic combat training at Fort Dix, New Jersey, and was
transferred to Fort Devens, Massachusetts, to undergo advanced individual
training (AIT) as a signal intelligence analyst (98C).  He did not complete
that AIT and was transferred to Fort Dix to undergo training as a radio
operator (05B).

4.  On 1 November 1971, he was convicted by a summary court-martial of the
wrongful possession of Methamphetamines and Marijuana.  He was sentenced to
hard labor without confinement for 45 days, reduction to the pay grade of E-
1 and a forfeiture of pay.

5.  He departed Fort Dix on 19 November 1971 for assignment to Vietnam with
leave en route.  He arrived in Vietnam on 15 December 1971 and was advanced
to the pay grade of E-3 on the day of his arrival.  On 21 December 1971, he
was assigned to a unit under the Military Assistance Command – Vietnam
(MACV) for duty as a radio operator.

6.  On 19 February 1972, the applicant was granted amnesty for self-
referral for drug use and was enrolled in the Crossroads Rehabilitation
Center, a Drug Treatment Center at Long Binh, Republic of Vietnam.

7.  On 8 March 1972, he was reassigned to a unit under the Strategic
Communications Command for duty as a teletype operator.  He was advanced to
the pay grade of E-4 on 12 May 1972.

8.  On 23 July 1972, he was reassigned to an advisory team under the
control of MACV.

9.  On 20 September 1972, he was found to have in his possession heroin
vials, hypodermic needles and hashish.  Inspection by the team medic
revealed evidence of recent injections in the left arm and a urinalysis
conducted on 23 September 1972 tested positive.

10.  On 28 September 1972, his commander initiated action to separate him
from the service under the provisions of Army Regulation 635-212 for
unfitness due to drug abuse.  He cited as the applicant’s drug possession
and use, possession of needles, the applicant’s admission to mainlining
heroin and his previous treatment for heroin use as the basis for his
recommendation.  Meanwhile, the applicant  was again admitted to the Drug
Treatment Center in Long Binh.

11.  On 6 October 1972, after consulting with counsel, the applicant waived
all of his rights and elected not to make a statement in his own behalf.

12.  On 9 October 1972, the appropriate authority (a major general)
approved the recommendation for discharge and directed that he be furnished
a General Discharge Certificate.

13.  On 10 October 1972, he departed Vietnam for assignment to the hospital
at Fort Meade, Maryland, where he remained until he was discharged under
honorable conditions on 31 October 1972, under the provisions of Army
Regulation 635-212, for unfitness due to drug abuse.  He had served 1 year,
9 months and 3 days of total active service.  At the time of his discharge
his DD Form 214 was prepared to reflect that he had served 6 months and 8
days of foreign service in Vietnam during the period of 14 December 1971
through 21 June 1972.


DISCUSSION AND CONCLUSIONS:

1.  The applicant arrived in Vietnam on 15 December 1971 and departed on 10
October 1972.  He had served 9 months and 26 days of foreign service in
Vietnam.

2.  Accordingly, his DD Form 214 should be corrected to reflect the proper
period of service in Vietnam and the proper amount of foreign service in
Vietnam.

3.  The applicant’s contention that he arrived in Vietnam in November 1971
and that he served 10 months and 25 days of foreign service has been noted.
 However, it is not supported by the evidence of record.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LS __  ___JR ___  ___DH__  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 that he served
in Vietnam from 15 December 1971 through 10 October 1972 and that he served
9 months and 26 days of foreign service in Vietnam.

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
showing that he arrived in Vietnam in November 1971 and that he served 10
months and 25 days of foreign service in Vietnam.


                            ______Linda Simmons_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007350                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060223                                |
|TYPE OF DISCHARGE       |GD UHC                                  |
|DATE OF DISCHARGE       |19721031                                |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |UNFITNESS                               |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/corr 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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