IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110001747 


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 an upgrade of her late husband's, a former service member (FSM's), undesirable discharge.  

2.  The applicant states the FSM died on 28 November 2010.  About 4 months before his death, he asked her to try to get his discharge changed.  The FSM knew going absent without leave (AWOL) was wrong, but he said at least he did not go to Canada.  The FSM was ashamed to talk to anyone about his discharge. 

3.  The applicant provides the FSM's:

* Bronze Star Medal orders and citation
* Discharge orders
* DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge)
* Certificate of Death
* Seven character reference letters
* Letter from the Army Board for Correction of Military Records (ABCMR)

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no requests, statements, or additional evidence. 




CONSIDERATION OF EVIDENCE:

1.  The FSM's military records show he was inducted into the Army of the United States on 28 January 1969.  He completed training and was awarded military occupational specialty 31B (Field Radio Repairman).  He served in Vietnam from 30 September 1970 through 17 August 1971.

2.  On 25 June 1969, the FSM accepted nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for being AWOL from 23 to 25 June 1969 and on 5 August 1969 for being AWOL from 28 July to 
5 August 1969.

3.  On 15 December 1969, the FSM was convicted by a special court-martial of one specification of being AWOL from 25 August to 24 September 1969 and from 15 October to 26 November 1969.  He was sentenced to confinement at hard labor for 4 months.  His sentence was approved on 17 December 1969 and ordered duly executed.  

4.  The FSM again accepted NJP under Article 15 of the UCMJ on 18 March 1970 for being AWOL from 10 to 13 March 1969 and on 26 August 1970 for being AWOL from 19 to 23 August 1970.

5.  The complete facts and circumstances surrounding the FSM's discharge are not available for review with this case.  However, his military records contain and the applicant submitted a DD Form 214 which shows the FSM was discharged from active duty in pay grade E-1 on 9 August 1971 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.  His service was characterized as under other than honorable conditions and he was issued an Undesirable Discharge Certificate.  He was credited with completion of 1 year, 11 months, and 15 days of net active service.  He was also credited with 207 days of time lost.

6.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 lists the following awards:  National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, Vietnam Campaign Medal with Device (1960), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

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

8.  The FSM died on 28 November 2010.
9.  The applicant submitted six support letters wherein she and the FSM's children, his brother, and another individual stated, in effect, the FSM no longer had a drinking problem; he was a good father and husband.  He volunteered during community festivals, he was sorry for going AWOL, and he wished that he had been a better Soldier.  

10.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 10 states 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 at any time after charges have been preferred.  The separation authority may direct a general discharge if such a discharge is merited by the Soldier's overall record.  An undesirable discharge was normally considered appropriate at the time.

11.  Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor.  The honorable characterization was appropriate when the quality of the member's service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be inappropriate.

12.  Army Regulation 635-200, paragraph 3-7b, stated a general discharge was a separation from the Army under honorable conditions.  When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of the FSM's undesirable discharge was carefully considered.

2.  The evidence of record shows the FSM received several NJPs under Article 15 of the UCMJ and was convicted by a special court-martial for being AWOL.  His record is void of the facts and circumstances which led to his voluntary discharge.  However, his record contains a properly-constituted DD Form 214 that shows he was discharged on 9 August 1971 under the provisions of chapter 10 of Army Regulation 635-200 for the good of the service in lieu of trial by court-martial.

3.  The issuance of a discharge under the provisions of chapter 10, Army Regulation 635-200 required him to have voluntarily, willingly, and in writing, requests a discharge from the Army in lieu of trial by court-martial.  It is presumed that all requirements of law and regulation were met and the FSM's rights were fully protected throughout the separation process.  The applicant has provided no information that would indicate the contrary.  Further, notwith- standing the FSM's single award of the Bronze Star Medal, it is presumed his discharge accurately reflects his overall record of service during this period of service.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20110001747



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ABCMR Record of Proceedings (cont)                                         AR20110001747



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