IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110006827 


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 his undesirable discharge be upgraded to honorable.

2.  The applicant states:

* His record should be honorable
* He was denied assignment in military occupational specialty (MOS) 67N2O (helicopter mechanic) upon his return from Vietnam
* He attempted to correct this but his efforts were ignored and denied 

3.  The applicant provides:

* Service personnel records
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 23 March 1969 and 28 September 1970

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 13 May 1968 for a period of 
3 years.  He completed his training and was awarded MOS 11B (Light Weapons Infantryman).  He arrived in Vietnam on 22 October 1968.  On 23 March 1969, he was honorably discharged for immediate reenlistment.  He reenlisted on 
24 March 1969 for a period of 3 years for training in MOS 67A (Aircraft Maintenance Apprentice).  

3.  Orders show:

* he was promoted to specialist four in MOS 67A in June 1969
* he was awarded primary MOS 67A and MOS 11B was withdrawn on 
19 July 1969
* he departed Vietnam on 21 October 1969 in MOS 67A for assignment at Fort Knox, KY
* he was assigned to Fort Meade, MD in MOS 11B on 2 February 1970    

4.  He provided a clinical record, dated 19 February 1970, which shows his MOS was 67N2O.

5.  He went absent without leave (AWOL) from 14 March 1970 to 1 September 1970.  Charges were preferred against him for this period of AWOL on
8 September 1970.  Trial by special court-martial was recommended.  

6.  On 9 September 1970 after consulting with counsel, the applicant submitted a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.  In his request he indicated he understood he could be discharged under conditions other than honorable and be furnished an Undesirable Discharge Certificate, he might be deprived of many or all Army benefits, he might be ineligible for many or all benefits administered by the Veterans Administration (VA), and he might be deprived of his rights and benefits as a veteran under both Federal and State laws.  He also acknowledged he might encounter substantial prejudice in civilian life due to the issuance of an undesirable discharge.  He elected not to submit a statement in his own behalf.  

7.  On 28 September 1970, the separation authority approved the applicant's request for discharge and directed the issuance of an undesirable discharge.

8.  He was accordingly discharged on 28 September 1970 for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  He had completed a total of 1 year, 10 months, and 
25 days of creditable active service with 171 days of lost time.  His DD Form 214 for the period ending 28 September 1970 shows he was separated on temporary records.  

9.  On 23 November 1973, the Army Discharge Review Board denied his request for an honorable discharge. 

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service at any time after court-martial charges were preferred.  Commanders would ensure that an individual was not coerced into submitting a request for discharge for the good of the service.  Consulting counsel would advise the member concerning the elements of the offense or offenses charged, the type of discharge normally given under the provisions of this chapter, the loss of VA benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge.  An Undesirable Discharge Certificate would normally be furnished to an individual who was discharged for the good of the service.

11.  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 or is otherwise so meritorious that any other characterization would be clearly inappropriate.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  He contends he was denied assignment in MOS 67N upon his return from Vietnam.  However, it is recognized that the primary need for helicopter repairmen was in Vietnam, and towards the end of the war many career management field 67 Soldiers found they could not be assigned to duties in their field upon their return stateside.  
2.  He contends his record should be honorable.  However, his record of service during his last enlistment included 171 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 or a general discharge.

3.  His voluntary request for separation for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, was administratively correct and in conformance with applicable regulations.  He had an opportunity to submit a statement in which he could have voiced his concerns and he failed to do so.

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

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.
 
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)                                         AR20110006827



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ABCMR Record of Proceedings (cont)                                         AR20110006827



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