IN THE CASE OF:
BOARD DATE: 13 November 2008
DOCKET NUMBER: AR20080015111
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, reconsideration of his earlier request for upgrade of his undesirable discharge.
2. The applicant states, in effect, that his records show he was absent without leave (AWOL) while in the Republic of Vietnam in 1968. He was assigned to the 1st Battalion, 61st Infantry Regiment. He went into battle at Dung Hao right after Agent Orange was sprayed in the area. About 2 weeks later he had stomach inflammation and was sent to a field hospital and then to the 17th Sanctuary Hospital Ship. He was on this ship for 21 days before being sent home. His
6 year old daughter had died on the day he had boarded the hospital ship. He contends that he is having severe medical problems from the Agent Orange and cannot get help until his records are corrected.
3. The applicant provides no additional documentary evidence.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070013351, on 7 February 2008.
2. The applicant's argument, as shown above, is the only new evidence for consideration.
3. The applicant served in the Republic of Vietnam from 29 August to
22 October 1968.
4. Letter Orders Number 8296-1, 1st Infantry Brigade, dated 22 October 1968, placed the applicant on 30 days emergency leave effective 22 October 1968. He departed the Republic of Vietnam on or about 22 October 1968.
5. Records show that the applicant was absent without leave from 30 November 1968 to 26 January 1969. He was subsequently convicted by special court-martial for this misconduct.
6. The applicant's service medical records for his service during and after his duty in the Republic of Vietnam are not available for review.
7. Records show that he was AWOL from 3 November 1969 to 24 April 1970; and from 20 June 1970 to 4 January 1971. The subsequent charges for this misconduct were the basis for his voluntary request for discharge for the good of the service.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence to substantiate the applicant's contention that he was exposed to Agent Orange while in the Republic of Vietnam; or that he suffered severely from such exposure.
2. The evidence of record shows that he returned to the United States from the Republic of Vietnam on an emergency leave and then went AWOL. He was subsequently convicted by special court-martial for this misconduct.
3. The applicant again went AWOL and was discharged in lieu of trail by court-martial.
4. The applicant's argument does not sufficiently mitigate his misconduct.
5. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X __ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 to amend the decision of the ABCMR set forth in Docket Number AR20070013351, dated 7 February 2008..
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080015111
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ABCMR Record of Proceedings (cont) AR20080015111
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