PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 January 1999                                     
	DOCKET NUMBER:   AC98-12098/AR1998000445

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Robert J. McGowan .		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome 		Chairperson	
	Mr. Fred N. Eichorn 		Member	
	Mr. John P. Infante 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his undesirable discharge (UD), dated 15 October 1958, be upgraded to, in effect, an honorable discharge (HD).

3.  The applicant states that when he was in the Army, he was young and immature and had a drinking problem.  Since his separation, he has been a good citizen, husband, and father.  He has been married for 38 years, raised 5 children, worked hard and bought a home.  He is a licensed plumber and owned his own business.  He has had four back operations and suffers from myasthenia gravis.  He adds that he was a good soldier when he was overseas, but had problems upon his return to the United States.  He provides letters of support from various community and religious leaders, as well as family members.

4.  The applicant’s military records show that he enlisted in the Alabama Army National Guard on 9 February 1954, at age l8, and served until 8 August 1954, when he was honorably discharged to enlist in the Regular Army for 3 years on 
9 August 1954.  He reenlisted on 6 April 1955 for 6 more years.  Upon his entry onto active duty, the applicant was trained as a communications center specialist and was sent to Germany for 1 year, 8 months, and 26 days.  Following his assignment in Germany, he returned to the United States for an assignment at Fort Gordon, Georgia.

5.  At Fort Gordon, the applicant began experiencing disciplinary problems.  He received two company punishments for disobeying an NCO and disorderly conduct.  He was also convicted by two summary courts-martial on 9 April 1957 for missing bed check, and on 14 February 1958 for being AWOL from
3-10 February 1958.  He was convicted by a special court-martial on 23 April 1958 for being AWOL from 10-31 March 1958, for which he received a 6-month sentence to confinement.  On 11 September 1958, the applicant’s commander recommended that he be separated for undesirable habits under the provisions of AR 635-208.  On 18 September 1958, he appeared before a board of officers. After reviewing his disciplinary record and listening to witnesses from his chain of command describe his poor behavior, the board recommended that he be separated for undesirable habits with a UD.  The recommendation was approved and the applicant was separated with a UD on 15 October 1958.  He had 3 years, 11 months, and 23 days of creditable service and 78 days of lost time due to AWOL and confinement.

6.  Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness or undesirable habits.  The regulation provided, in pertinent part, that members found to be unfit for further military service, and without rehabilitative potential, would be separated.  An undesirable discharge was normally considered appropriate.

CONCLUSIONS:

1.  The applicant was 18 years old when he enlisted in the Regular Army, and by his own admission, had a drinking problem that took him years to control.  He served nearly 4 years on active duty with only the last period marked by disciplinary problems.

2.  The applicant’s indisciplines were relatively minor in nature, consisting of missing bed check (court-martial conviction), AWOL for 7 days (court-martial conviction), AWOL for 21 days (court-martial conviction), disobeying an NCO’s instructions (company punishment), and disorderly conduct (company punishment).  Under current standards, the above offenses would likely be disposed of by nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice.

3.  The applicant’s administrative separation proceedings were conducted in accordance with applicable law and regulations then in effect.  However, the character of his discharge is not commensurate with the his overall record of military service and the nature of his misconduct.

4.  In recognition of the applicant’s overall acceptable performance of service and his good post-service conduct, and in view of the minor nature of his indisciplines, it would be unjust for him to continue to suffer the stigma of a UD more than 40 years after his separation from the Army.

5.  In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be appropriate to correct the applicant’s records, but only as indicated below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with a General Discharge Certificate on 15 October 1958.

2.  That the Department of the Army issue to the individual concerned a General Discharge Certificate, dated 15 October 1958, in lieu of the UD of the same date now held by him.

3.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

___KJN _  __FNE __  __JPI ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998000445	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990121	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19581015	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	A50.00	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.