IN THE CASE OF:	  

		BOARD DATE: 	       19 May 2009

		DOCKET NUMBER:  AR20080019957 


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, the widow of a deceased former service member (FSM), requests correction of her late husband's DD Form 214 (Report of Transfer or Discharge) to show award of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Bronze Star Medal, and the Air Medal.  She also requests that his general discharge be upgraded to honorable. 

2.  The applicant states, that as a result of his service in Vietnam, the FSM suffered from post-traumatic stress disorder (PTSD).  She contends that he was discharged under honorable conditions due to his PTSD, that the difficulty he experienced in the military after his Vietnam service and throughout the rest of his life was a direct result of his condition, that he died without ever seeking care or filing for the benefits he deserved, and that when he was discharged none of his medals or awards were documented on his DD Form 214.  She states that this was a horrible and painful insult to his short but highly decorated service.

3.  The applicant provides a certificate of death; a DD Form 214; a DA Form 20 (Enlisted Qualification Record); orders for the Army Commendation Medal, the Air Medal, and the Bronze Star Medal; and a letter, dated 29 August 1971, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 31 December 1969 for a period of 3 years.  He successfully completed basic combat training and advanced individual training in military occupational specialty 13A (field artillery basic crewman).

2.  On 13 April 1970, nonjudicial punishment was imposed against the FSM for being absent without leave (AWOL) from 6 April 1970 to 11 April 1970.  His punishment consisted of a forfeiture of pay, restriction, and extra duty.

3.  The FSM arrived in Vietnam on 10 June 1970.  His DA Form 20 shows that he was assigned to Battery A, 1st Battalion, 8th Artillery of the 25th Infantry Division in Vietnam from 19 June 1970 through 15 July 1970.  He was assigned to Battery C, 1st Battalion, 8th Artillery of the 25th Infantry Division in Vietnam from 16 July 1970 through 31 January 1971.  He was assigned to Headquarters and Headquarters Battery, 1st Battalion, 8th Field Artillery, 2nd Brigade of the 25th Infantry Division in Vietnam from 1 February 1971 through 18 April 1971.  He apparently transferred back to the United States on 19 April 1971.

4.  Headquarters, 25th Infantry Division, General Orders Number 11539, dated 1 December 1970, show the FSM received the Army Commendation Medal.

5.  Headquarters, II Field Force Vietnam, General Orders Number 702, dated 14 March 1971, show the FSM received the Bronze Star Medal.

6.  Headquarters, II Field Force Vietnam, General Orders Number 816, dated 21 March 1971, show the FSM received the Air Medal.

7.  Records show the FSM participated in two campaigns during his assignment in Vietnam.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the FSM's unit (1st Battalion, 8th Artillery) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

9.  Between 30 June 1971 and 17 April 1972, nonjudicial punishment was imposed against the FSM on three occasions for being AWOL.

10.  The FSM was AWOL on 1 June 1972 and returned to military control on 6 August 1972.  Charges were preferred against the FSM for the AWOL period.

11.  On 9 August 1972, the FSM underwent a mental status evaluation and no significant mental illness was noted, he was able to distinguish right from wrong, and he was able to adhere to the right.  The mental examination failed to reveal any defects which would have contributed to his misconduct.

12.  On 9 August 1972, the FSM underwent a separation physical examination and was found qualified for separation.  In addition, he also reported that he was in "good health" on his Standard Form 88 (Report of Medical Examination), dated 9 August 1972.

13.  On 11 August 1972, after consulting with counsel, the FSM submitted a request for 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 that he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate, that he might be deprived of many or all Army benefits, that he might be ineligible for many or all benefits administered by the Veterans Administration (now known as the Department of Veterans Affairs) and that he might be deprived of his rights and benefits as a veteran under both Federal and State law.  He also acknowledged that he might encounter substantial prejudice in civilian life because of an undesirable discharge.  He elected to submit a statement in his own behalf.  In summary, he stated that he went AWOL approximately 9 months after returning from Vietnam; that he was assigned to the 1st Squadron, 6th Armored Cavalry, at Fort Meade; and that he did not like stateside duty with all the details and training.  He indicated that his unit was going to Indiantown Gap, Pennsylvania, to support the Reserve Officers' Training Corps summer camp and he did not want to spend his summer there.  He also stated that his unit had been involved in numerous field training exercises since his return from Vietnam and he was very tired of the harassment.

14.  On 29 August 1972, the separation authority approved the FSM’s request for discharge and directed that he be furnished a general discharge.

15.  Accordingly, the FSM was discharged with a general discharge on 30 August 1972 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  He had served a total of 2 years, 5 months, and 25 days of creditable active service with 104 days of lost time due to being AWOL.  The FSM's DD Form 214 shows that he was separated from the service on temporary records and the Soldier's affidavit.

16.  There is no evidence that the FSM applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

17.  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, at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  At the time, an undesirable discharge was normally considered appropriate.

18.  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.

19.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  The regulation authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

20.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

21.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the FSM was discharged due to his PTSD was noted.  However, the evidence of record shows the FSM underwent a mental status evaluation on 9 August 1972 and there was no evidence of any mental illness.  The FSM reported that he was in good health.

2.  Orders show the FSM received the Army Commendation Medal, the Bronze Star Medal, and the Air Medal.  Therefore, his DD Form 214 should be corrected to show these medals.

3.  Based on the FSM's service in Vietnam from 10 June 1970 through 18 April 1971 and participation in two campaigns, he is eligible for the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).

4.  The FSM served a period of qualifying service for award of the National Defense Service Medal.

5.  The FSM’s unit (1st Battalion, 8th Artillery) received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.

6.  The FSM’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial, was administratively correct and in conformance with applicable regulations.

7.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.

8.  The FSM’s record of service included four nonjudicial punishments and 104 days of lost time.  His record of service also shows that his misconduct started before he arrived in Vietnam.  As a result, his record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the FSM's record of service is insufficiently meritorious to warrant an honorable discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze Star Medal, the Air Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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 upgrading his general discharge to an honorable discharge.



      _________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)                                         AR20080019957



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ABCMR Record of Proceedings (cont)                                         AR20080019957



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