PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:           23 December 1998                  
	DOCKET NUMBER:   AC81-10592B
				   AR1998013262

	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. 	W. W. Osborn, Jr.		Analyst	

The following members, a quorum, were present:

	Mr.	Raymond V. O’Connor, Jr. 		Chairperson	
	Ms.	Karol A. Kennedy 		Member	
	Mr.	Lester Echols		Member	

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

		The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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.  In response to the Board’s Reconsideration Project, the applicant requests reconsideration of his previous application to correct his records by upgrading his discharge.   He contends, in effect,  that his combat service warrant the requested relief.  He submits copies of a letter and endorsements thereto commending his unit for their heroic action in the Chosin Reservoir area of Korea in November and December 1950.  

3. Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case on 2 June 1982 .  The applicant stated at that time that he had no trouble in the Army until he returned from Korea and that some of his AWOL time had been associated with his inability to deal with the death of his father and with the suicide of his first wife.  He contended that he was only AWOL for about 6 months and that a lot of his lost time was un-credited pre-trial confinement.

4.  Attached to the MOC but neither described nor addressed is a letter from the applicant’s son, a USMC staff sergeant, to the effect that the applicant had been a good father to five children.  That he instilled in them a sense of patriotism, respect for the military and the idea of service to the nation to the extent that all three of the sons serve or had served in uniform.

5.  The applicant’s subsequent request for reconsideration asked for a general discharge and contained new evidence relative to his post-service argument that should have been referred for Board consideration.   This evidence includes a copy of the general order awarding him the Combat Infantryman Badge and  letters from his employer and from a bank to the effect that he is a valuable employee and a financially responsible, credit worthy, repeat loan customer.

5.  The records are incomplete and there is no way to accurately determine the number of AWOL, confinement  and other lost time days.  However, based upon the available records, the applicant was AWOL approximately 232 days.  He was convicted of AWOL offenses by two summary court-martials (SCM) before he went to Korea and two special court-martials and another SCM after his return to the United States.   As noted by the psychiatrist who described his chronic drinking problem and diagnosed him as having personality disorder,  the applicant’s service in the combat zone was the only acceptable period of his military career.

6.  In a telephone conversation with the analyst (which the applicant agreed should be mentioned in the presentation of his case) he related, in effect,  that although it had not been easy, he eventually learned in civilian life that he could successfully control his drinking only by total abstinence.  He had never been able to drink like a normal social drinker.  He also confided that he had suffered 
with enuresis well into adulthood and that this condition had played a large part in his inability to get along in the Army.  He was repeatedly humiliated and he drank over those feelings of humiliation.  His drinking, of course, led to AWOLs.

CONCLUSIONS:

1.  The applicant’s previous reconsideration request should have been referred to the Board.

2.  In light of all the circumstances of the case, but especially the applicant’s  
combat service in the early days of the Korean War, his personality disorder, his personal problems and his post-service conduct, the current discharge is inequitable and should be upgraded to general.  His overall record of misconduct, which are only partially mitigated by the above, preclude granting an honorable discharge.

3.  In view of the foregoing findings and conclusions, it would rectify an injustice by correcting  the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:
	a.  voiding the undesirable discharge dated 20 April 1954 and issuing him a General Discharge Certificate of the Same date; and 

	b.  by issuing him a new DD Form 214 (Certificate of Discharge or Release from Active Duty showing that his Authorized awards include the Combat Infantryman Badge in addition to those currently shown on his existing DD Form 214.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC81-10592/AR19908013262	
SUFFIX	B	
RECON		
DATE BOARDED	19981223	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19540420	
DISCHARGE AUTHORITY	AR 635-366	
DISCHARGE REASON	A51.00	
BOARD DECISION	Modify	
REVIEW AUTHORITY		
ISSUES        1.	A92.08	
2.	A92.04	
3.	A92.22	
4.	A93.08	
5.	A93.24	
6.