IN THE CASE OF:	    

		BOARD DATE:	        4 December 2008

		DOCKET NUMBER:   AR20080015579 


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 reconsideration of an earlier request that his undesirable discharge be upgraded.

2.  The applicant states, in effect, that while in the Republic of Vietnam the Red Cross informed his commander that he should call home.  He called home and was informed his mother and step-father were having problems, about to be evicted, and needed money.  He had saved some money so he sent it home; however, that was the beginning of many more problems.  He continues that after leaving Vietnam and reporting to Fort Sill, Oklahoma the family problems followed him.  He concludes he made stupid decisions which he regrets to this day, however, he was young, and had limited education.

3.  The applicant provides a letter of support from a Veterans Affairs Officer in support of this application.

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 AR20080006969 on 1 July 2008.

2.  The applicant's arguments and letter of support are new and will be considered by the Board.

3.  Records show the applicant enlisted in the Regular Army on 7 February 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 36K (Field Wireman).  He was honorably discharged on 27 October 1968 for the purpose of immediate reenlistment.  He  reenlisted on 28 October 1968 for a period of 3 years.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

4.  The applicant was punished under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on the following occasions:  on 3 March 1970, for being absent without leave (AWOL) from on or about 2 February 1970 through on or about 26 February 1970; on 7 April 1970, for failing to go to his appointed place of duty; on 8 May 1970, for being absent without leave from 
4 May 1970 to 6 May 1970; and on 23 May 1970, for breaking restriction and for being AWOL from 18 May 1970 to 20 May 1970.

5.  On 1 October 1970, the applicant departed AWOL and was dropped from the Army rolls on 30 October 1970.  He was apprehended by civil authorities and was returned to military control on 16 July 1971.

6.  On 21 July 1971, court-martial charges were preferred against the applicant for two specifications of being AWOL during the periods of 2 July 1970 through 24 August 1970 and 1 October 1970 through 16 July 1971.

7.  On 21 July 1971, the applicant consulted with counsel and requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10.  He indicated in his request that he understood he might be discharged under conditions other than honorable and furnished an Undesirable Discharge Certificate; that he might be ineligible for many or all benefits administered by the Veterans Administration (now known as the Department of Veterans Affairs); that he would be deprived of many or all Army benefits; and that he might be ineligible for many or all benefits as a veteran under both Federal and State law.  He also acknowledged that he might expect to encounter substantial prejudice in civilian life because of an undesirable discharge.

8.  The appropriate authority approved the applicant's request for discharge for the good of the service under the provisions of chapter 10 of Army Regulation 635-200.  He directed that the applicant be issued an Undesirable Discharge Certificate and be reduced to the lowest enlisted grade.  On 11 August 1971, the applicant was discharged with an undesirable discharge, characterized as under conditions other than honorable.  The applicant had completed a total of 2 years,
2 months, and 19 days of creditable active service with 341 days of lost time due to AWOL.
9.  On 29 June 1981, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge.

10.  The applicant provided a letter of support from a Veterans Affairs Officer which essentially states, in effect, the applicant's discharge should be upgraded based on his honorable service during the Vietnam conflict and the hardships his family was experiencing at the time.

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, submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

12.  Army Regulation 635-200, paragraph 3-7a, 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.

13.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his discharge should be upgraded because of family problems at the time was carefully considered and found to be without merit.  There is no evidence the applicant sought assistance from his chain of command or chaplain on a way to resolve his problems within established Army procedures prior to going AWOL.



2.  The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.

3.  The letter of support submitted on behalf of the applicant failed to show that his discharge was unjust and should be upgraded.

4.  The applicant's record of service included several nonjudicial punishments and 341 days of lost time.  As a result, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge.

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 AR20080006969, dated 1 July 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)                                         AR20080015579



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ABCMR Record of Proceedings (cont)                                         AR20080015579



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