IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100025409
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 medals, including:
* Purple Heart
* Prisoner of War Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
2. The applicant states he needs these corrections for Department of Veterans Affairs (VA) benefits.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States for 2 years on 22 August 1966. He was trained as, and served as an infantryman. On 30 October 1967, he was honorably discharged for the purpose of immediate reenlistment in the Regular Army (RA). His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). It also shows 8 months and 1 day of foreign service in Korea.
3. While in Korea, the applicant reenlisted in the RA for 6 years on 31 October 1967. On or about 15 February 1968, he departed Korea en route to the US. On or about 4 March 1968, he reported for duty at Fort Eustis, VA. The record shows he was absent without leave (AWOL) from on or about 26 August 1968 to on or about 24 September 1968.
4. On 22 September 1970, the applicant was reassigned from Fort Eustis to Germany; was supposed to report to the Overseas Replacement Station at Fort Dix, NJ on or about 25 March 1970. He did not report and was listed as AWOL. He returned to military control at Fort Dix on or about 21 January 1971.
5. On or about 3 February 1971, the applicant was formally charged with AWOL. On 6 May 1971, he consulted with counsel and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He acknowledged he was guilty of the charge against him which authorized the imposition of a bad conduct or dishonorable discharge, and that he did not desire further rehabilitation, nor had he any desire for further military service. He stated that he understood the nature and consequences of the undesirable discharge (UD) that he might receive. He submitted a statement in his own behalf saying asking that he not be issued a UD because he'd lose benefits and a civil service job.
6. On 17 may 1971, the approving authority approved the applicant's request for discharge and directed he be issued a UD under the provisions of Army Regulation 635-200 in lieu of trial by court-martial. He was discharged on 25 May 1971.
7. 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. A discharge under other than honorable conditions is normally considered appropriate. However, at the time of the applicants separation the regulation provided for the issuance of a UD.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants numerous awards related to wartime service in Vietnam.
2. The applicant never served in Vietnam; he was never wounded; he was never a prisoner of war. He is not authorized the Purple Heart, Prisoner of War Medal, Vietnam Service Medal, or Vietnam Campaign Medal.
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 for correction of the records of the individual concerned.
_______ _ 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) AR20100025409
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100025409
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002074953C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2014 | 20140016115
The military judge gave him a choice between a general discharge and return to service for 6 years to make up the 20 months of AWOL plus a reenlistment time that included 2 years in Vietnam. He served in Vietnam from on or about 20 October 1966 to on or about 22 September 1967. The DD Form 214 he was issued shows he was discharged under the provisions of chapter 10 of Army Regulation 635-200 in lieu of trial by a court-martial with an under other than honorable conditions discharge.
ARMY | BCMR | CY2002 | 2002074844C070403
EVIDENCE OF RECORD : The applicant's military records show: On 13 May 1974, the applicant was discharged accordingly. In December 1970, long before the applicant was returned to military control after being found by the FBI in 1974, the unit commander from his unit in the RVN sent a letter to his mother informing her of his AWOL status.
ARMY | BCMR | CY2012 | 20120001118
He also acknowledged he understood that if his discharge request were approved, he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate. On 6 and 7 September 1973, his chain of command, including his immediate, intermediate, and senior commanders, recommended approval of the discharge with the issuance of an Undesirable Discharge Certificate. Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary...
ARMY | BCMR | CY1980-1989 | 8705298
The applicant requests that his undesirable discharge be upgraded to an honorable discharge. He was discharged on 8 October 1971 under the provisions of Army Regulation 635-200, having completed 2 years, 2 months and 15 days of service. The drug counselors and treating physicians have determined that his addiction problems probably stemmed from the time of his Vietnam duty.
ARMY | BCMR | CY2011 | 20110001622
The applicant requests his Undesirable Discharge (UD) be upgraded to an under honorable conditions (General) discharge (GD). On 27 April 1972, the approving authority accepted the applicant's request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. There is no evidence the applicant's service in Vietnam was the cause of his misconduct and ultimate discharge.
ARMY | BCMR | CY2011 | 20110014984
Application for correction of military records (with supporting documents provided, if any). The record does include a properly-constituted DD Form 214 that shows the applicant was discharged for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations). There is no evidence of record showing the applicant suffered from PTSD or any other medical or mental condition that contributed to the misconduct that...
ARMY | BCMR | CY2012 | 20120008333
The applicant requests an upgrade of his general discharge under honorable conditions to an honorable discharge. The applicant's record contains the following DA Forms 268 showing: a. on 29 June 1971 while assigned to Fort Gordon, GA, he was pending disciplinary action for being AWOL from 8 January through 15 June 1971; b. on 28 September 1971, an AWOL charge was dropped (no reason shown) and the applicant was reassigned to Fort Dix for ultimate assignment to the U.S. Army Republic of...
ARMY | BCMR | CY2010 | 20100021071
Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial. On 11 July 1972, the separation authority approved the applicants request for discharge and directed the issuance of an Undesirable Discharge Certificate. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is...
ARMY | BCMR | CY2010 | 20100027243
The applicant requests, in effect, an upgrade of his undesirable discharge (UD) to a general discharge (GD) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam. The evidence of record does not support the applicant's request for an upgrade of his discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following statement to item...