IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110025213 


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 upgrade of her husband's under other than honorable conditions discharge to an honorable discharge.

2.  The applicant states the FSM suffered from post-traumatic stress disorder (PTSD) upon his return from Vietnam.  His unit in Vietnam was hit real hard after he left Vietnam and he did not get over the guilt he felt.  She believes he may have had a short period of time left in the military.

3.  The applicant provides the FSM's Certificate of Death.

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army (RA) on 23 May 1960 for a period of
3 years.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  On 10 May 1963, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 11 months, and 18 days of total active service.  During this period of service the FSM was awarded the Army of Occupation Medal, Armed Forces Expeditionary Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

2.  On 19 March 1968, the FSM again enlisted in the RA.  He completed training and he held MOS 76W (petroleum storage specialist).

3.  The FSM served in Vietnam from 25 August 1968 to 19 August 1969.  Upon completion of his Vietnam tour, he was reassigned to Fort Campbell, KY.

4.  On 1 November 1969, he departed his unit in an absent without leave (AWOL) status and on 1 December 1969, he was dropped from the rolls of the Army as a deserter.  He ultimately returned to military control on 18 July 1974.

5.  On 8 August 1974, the FSM's command preferred court-martial charges against him for one specification of being AWOL from 1 November 1969 to
18 July 1974.

6.  On 12 August 1974, the FSM consulted with legal counsel who advised him of the basis for the contemplated trial by court-martial for an offense punishable by a bad conduct or a dishonorable discharge, the maximum permissible punishment authorized under the Uniform Code of Military Justice (UCMJ), the possible effects of a request for discharge, and of the procedures and rights that were available to him.  Following consultation with legal counsel, the FSM 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.

7.  In his request for discharge, the FSM acknowledged:

* he was making this request of his own free will and had not been subjected to coercion
* he understood that if the discharge request was approved, he may be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate
* he acknowledged he understood that he could be deprived of many or all Army benefits and that he could be ineligible for many or all benefits administered by the Veterans Administration
* he acknowledged he could be deprived of his rights and benefits as a veteran under both Federal and State laws and he could expect to encounter substantial prejudice in civilian life

8.  On 13 August 1974, his immediate, intermediate, and senior commanders recommended approval of his request for discharge with the issuance of an Undesirable Discharge Certificate.  

9.  On 16 August 1974, consistent with the chain of command's recommendations, the separation authority approved the FSM's request for discharge under the provisions of Army Regulation 635-200, chapter 10, and directed the FSM be reduced to the lowest enlisted grade and issued an Undesirable Discharge Certificate.

10.  On 4 September 1974, the FSM was accordingly discharged.  The DD Form 214 (Report of Separation from Active Duty) he was issued at the time shows he completed 1 year, 7 months, and 26 days of net active service this period with 730 days of time lost.  It further shows he completed 4 years, 7 months, and
14 days of total active service and 3 years and 12 days of total inactive (USAR) service.

11.  There is no indication in the FSM's record that shows he was diagnosed with PTSD or any other medical condition during his military service that would have resulted in the FSM's extended absence.

12.  There is no indication the FSM petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 10 provides 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 under other than honorable conditions discharge is normally considered appropriate an undesirable discharge was considered appropriate at the time the applicant was discharged.

	b.  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.

	c.  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.  The FSM's record shows he was charged with the commission of an offense under the UCMJ with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial.  The FSM voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  All requirements of law and regulation were met, and his rights were fully protected throughout the separation process.  Further, the FSM's discharge accurately reflects his overall record of service.

2.  There is no evidence of record and the applicant did not provide any evidence that shows the FSM was diagnosed with PTSD or any other mental condition or that his alleged PTSD led him to go AWOL for 730 days.  In any case, the FSM could have faced a court-martial if he believed he was innocent at the time.  Based on his record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct also renders his service unsatisfactory.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief to upgrade the FSM's undesirable discharge to either an honorable 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 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)                                         AR20110025213



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ABCMR Record of Proceedings (cont)                                         AR20110025213



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