IN THE CASE OF:	  

		BOARD DATE:  21 June 2012

		DOCKET NUMBER:  AR20120000097 


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 upgrade of his general discharge to an honorable discharge.

2.  The applicant states that after returning from Vietnam he had difficulty readjusting to a lifestyle outside of a combat zone.  He had difficulty following orders and being around people, to include military personnel.  He went absent without leave (AWOL) because he did not know how to cope with the changes of no longer being in a combat zone.  He adds he has been diagnosed with Post Traumatic Stress Disorder (PTSD).  He believes the traumatic experiences he faced while in Vietnam caused him to receive a general discharge from the military rather than an honorable discharge.

3.  The applicant provides a copy of a medical document indicating he was diagnosed with PTSD and other medical conditions.

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 3 April 1970 for a period of
3 years.  He completed training and he was awarded military occupational specialty (MOS) 13A (field artillery basic).

3.  The applicant served in Vietnam from 29 August 1970 through 27 August 1971.  The highest rank/grade he achieved was specialist four (SP4)/E-4.

4.  On 21 January 1972, the applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for being AWOL from 6 to 8 January 1972.

5.  On 12 September 1972, court-martial charges were preferred against the applicant for being AWOL from on or about 5 June 1972 to on or about 
5 September 1972.

6.  On 13 September 1972, after consulting with legal counsel, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Personnel Separations), chapter 10, for the good of the service – in lieu of trial by court-martial.  In his request for discharge he indicated he was making the request of his own free will without coercion from anyone and he was aware of the implications attached to his request.  He acknowledged he understood he could receive an undesirable discharge and he might be deprived of all benefits as a result of such a discharge.  He was also advised he may expect to encounter substantial prejudice in civilian life if he was issued an Undesirable Discharge Certificate.  He elected not to submit a statement in his own behalf.

7.  On 13 September 1972, the applicant’s unit commander recommended approval of the applicant request for discharge with an undesirable discharge.

8.  On 4 October 1972, the separation authority, a major general, approved the applicant's request for discharge under the provisions of Army Regulation
635-200, chapter 10, for the good of the service – in lieu of trial by court-martial.  He directed the applicant be furnished an undesirable discharge and reduced to the rank/grade of private (PV1)/E-1.

9.  On 6 October 1972, the applicant was discharged accordingly.  He completed 2 years, 3 months, and 2 days of total active service with 94 days of time lost due to being AWOL.

10.  The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  The available record does not contain the complete ADRB proceedings.  However, his record contains a letter from The Adjutant General, dated 25 March 1977, that stated after reviewing the findings and conclusion of the ADRB, the Secretary of the Army directed the applicant be informed that his discharge had been upgraded to a general discharge.  It further stated a new separation document (DD Form 214) was enclosed.

11.  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, type of discharge normally given under the provisions of this chapter, the loss of Veterans Administration 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 an individual who was discharged for the good of the Service.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and the medical document he submitted in support of his case was carefully considered and found to be without merit.

2.  The evidence of record shows that the applicant voluntarily requested discharge for the good of the service - in lieu of trial by court-martial and the appropriate separation authority approved the applicant’s request for discharge.  
As such, he was discharged on 6 October 1972, under the provisions of Army Regulation 635-200, chapter 10, for the good of service - in lieu of trial by court-martial.
3.  The evidence of record further shows the applicant received NJP for being AWOL and that he was pending a court-martial charge for being AWOL for
94 days when he submitted his request for discharge for the good of the service. The applicant’s record of service clearly shows he did not meet the standards of acceptable conduct and performance of duty for Army personnel.

4.  Although the ADRB upgraded his undesirable discharge to a general discharge, there is insufficient evidence of record and the applicant did not submit sufficient evidence or argument to warrant further upgrade to an honorable 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)                                         AR20120000097



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ABCMR Record of Proceedings (cont)                                         AR20120000097



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