IN THE CASE OF:  

		BOARD DATE:  5 February 2015

		DOCKET NUMBER:  AR20140008351 


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 his under other than honorable conditions (UOTHC) discharge.

2.  The applicant states his discharge should be upgraded because of the extreme post-traumatic stress disorder (PTSD) he suffers from his tour in Vietnam. 

	a.  After his Vietnam tour, he went home on leave and he was on edge, had a very short fuse, and was out of control.  He went absent without leave (AWOL) and had a car accident.  He eventually returned to a base and was turned away and told he was no longer a Soldier.

	b.  He got a job but was soon arrested and taken to the Fort Belvoir, Virginia stockade.  There someone came and asked him if he wanted to be out of the stockade.  Thinking this meant he would be released from the stockade he signed the paperwork that was given to him.  He didn't realize he was being discharged.

	c.   Until he finished his tour in Vietnam he was an ideal Soldier, even receiving the Bronze Star Medal and other awards.  

	d.  Now whenever he works he mainly needs to be by himself.  He never stayed on a job long.  The PTSD has affected his entire life including his personal relationships with his family.  He has nightmares and sleepless nights.  He has been diagnosed with PTSD.
3.  The applicant provides:

* Department of Veterans Affairs (VA) Statement in Support of Claim, dated 
14 February 2013
* VA letter, dated 31 January 2014, with Initial PTSD Disability Benefits Questionnaire showing a diagnosis of PTSD
* DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 27 October 1969
* Standard Form (SF) 88 (Report of Medical Examination), dated 4 June 1969
* SF 89 (Report of Medical History), dated 4 June 1969 
* SF 88, dated 11 June 1970
* SF 89, dated 11 June 1970
* SF 600 (Chronological Record of Medical Care) for 18 December 1969 and 11 September 1970
* SF 502 (Narrative Summary), dated 28 June 1971
* DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice [UCMJ]), dated 11 February 1972, with unit orders for reduction and forfeiture of pay
* SF 88, dated 5 September 1972
* SF 93 (Report of Medical History), dated 5 September 1972

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 27 October 1969.  He held military occupational specialty (MOS) 67A (Aircraft Maintenance Apprentice) and completed training to qualify as a Helicopter Door Gunner.


3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), that he served in Vietnam from 5 June 1970 through 4 June 1971;

	b.  item 33 (Appointments and Reductions), that he was advanced to specialist four (SP4)/E-4 on 13 July 1970, but was reduced to private first class (PFC)/E-3 effective 31 March 1972;

	c.  item 38 (Record of Assignments), that he served in Vietnam assigned to the 336th Aviation Company as a door gunner from 8 June through 8 November 1970, and to A Troop, 7th Squadron, 1st Air Cavalry as a helicopter crew chief from 9 November 1970 to 27 April 1971; and

	d.  item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* Aircraft Crewman Badge
* Army Commendation Medal
* Bronze Star Medal with "V" Device
* Republic of Vietnam Campaign Medal with Device (1960)

4.  His record also contains a DD Form 458 (Charge Sheet) which shows he was charged with being AWOL from 2 March to 31 August 1972.

5.  On 9 September 1972, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the UCMJ, the possible effects of an under other than honorable conditions discharge and the issuance of an Undesirable Discharge Certificate, and the procedures and rights that were available to him.  Subsequent to receiving this legal counsel and without coercion, he 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.

6.  In this request for discharge he acknowledged he understood if his discharge request was approved, he could be deprived of many or all Army benefits, that he could be ineligible for many or all benefits administered by the VA, and that he could be deprived of his rights and benefits as a veteran under both Federal and State laws.  He elected not to submit a statement in his own behalf along with his request.
7.  His company commander recommended approval of the separation with issuance of an undesirable discharge.  

8.  The Commander, Personnel Control Facility, Fort Belvoir, Virginia, recommended approval of the applicant's request for discharge.  The commander stated the applicant had an excellent Vietnam service record with an Army Commendation Medal and Bronze Star Medal with "V" Device.  He further stated the applicant wanted out of the service because of monetary and family problems.  He recommended issuance of a general discharge.  (Emphasis added).

9.  On 21 September 1972, the separation authority approved his request for voluntary discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service – in lieu of trial by court-martial, with a general discharge under honorable conditions.  (Emphasis added).

10.  On 22 September 1972, the applicant was discharged UOTHC.  He had completed 2 years, 4 months and 10 days of active duty service.  Time lost is shown as –

* 9 June - 24 June 1971
* 2 February - 7 February 1972
* 6 March - 29 March 1972
* 3 April - 30 August 1972

11.  His DD Form 214 shows was awarded or authorized the –

* National Defense Service Medal 
* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

12.  His record contains orders showing he was awarded the:

* Air Medal with "V" Device on 11 November 1970 for heroism on 7 July 1970
* Bronze Star Medal with "V" Device on 25 March 1971 for heroism on 
11 November 1970. 
* Air Medal (3rd through 12th Award) for the period 11 November 1970 to 15 April 1971 on 3 June 1971
13.  There is no evidence he requested an upgrade of his discharge from the Army Discharge Review Board. 

14.  He provides a VA letter, dated 31 January 2014, with Initial PTSD Disability Benefits Questionnaire showing he was diagnosed with PTSD.

15.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any additional orders pertaining to the applicant. 

16.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following two campaigns: 

* Sanctuary Counteroffensive                              1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII                 1 July 1970 - 30 June 1971

17.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the:

	a.  336th Aviation Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969-
10 October 1970 in Department of the Army General Orders (DAGO) Number 
52, dated 1971; and 

	b.  7th Squadron, 1st Cavalry was cited for the Republic of Vietnam Gallantry Cross Unit Citation for the period 15 December 1969-10 October 1970 in DAGO 52, dated 1971.

18.  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 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 an individual who was discharged for the good of the Service.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows the separation authority approved the applicant's separation with issuance of a general discharge, but his DD Form 214 shows he was discharged UOTHC.

2.  In view of the applicant's Vietnam service record it is reasonable to assume the separation authority intended the applicant be issued a general discharge and not cause the resulting reduction to Private 1 (PV1)/E-1.

3.  Orders show he was awarded the Air Medal with "V" Device, Bronze Star Medal with "V" Device, and the Air Medal (3rd to 12th Awards).

4.  His record shows he was awarded the Aircraft Crewman Badge.

5.  He participated in two campaign periods during his service in Vietnam.  Therefore, he is authorized two bronze service stars for wear on his 
already-awarded Vietnam Service Medal. 

6.  During his service in Vietnam, his units were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  His DD Form 214 should be corrected to show he received a general discharge and to include the above awards.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  re-issuing the applicant's DD Form 214 showing the characterization of service as "General, Under Honorable Conditions" and his rank as PFC/E-3 and his date of rank as 31 March 1972;

	b.  deleting from his DD Form 214 the Bronze Star Medal and Vietnam Service Medal; and 

	c.  adding to his DD Form 214 the – 

* Bronze Star Medal with "V" Device
* Air Medal with "V" Device
* Air Medal (3rd-12th Awards)
* Aircraft Crewman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards) 



      ___________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)                                         AR20140004034



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ABCMR Record of Proceedings (cont)                                         AR20140008351



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