PROCEEDINGS

	IN THE CASE OF:       I

	BOARD DATE:            16 September 1999                  
	DOCKET NUMBER:    AR1998014451

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Van B. Cunningham		Member	
			Member	
			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.  The applicant requests reconsideration of his previous appeal to correct his record by upgrading his undesirable discharge to General/Under Honorable Conditions.  (There is no evidence of a previous review of his case.  Therefore, his case is being considered on its merits.)

3.  The applicant states he was initially a good soldier, until he returned from Korea to the United States.  He contends the AWOL’s that led to the Undesirable discharge were in reaction to the racism he faced, therefore he should not lose his benefits.  In support of his request, he submitted a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, which was accepted as an application to this Board.

4.  The applicant’s complete military records were not available.  The documents available show that he entered service 7 February 1952 at Camp Stewart, Georgia and completed training in the Infantry.  He served 1 year, 1 month and    6 days in Korea with the 140th AA Artillery Battalion.  He reenlisted for 6 years, and was separated on 22 May 1954 with an undesirable discharge.

5.  His DD Form 214 indicates 192 days lost during his enlistment.

6.  The applicant’s military records reflect that he went AWOL on four occasions for a total of 113 days, between 2 September 1953 and 4 March 1954.

7.  On 1 April 1954 the unit prepared a report in preparation for an administrative hearing.  This report prepared by the company Executive Officer (XO) describes the applicant as a habitual AWOL; the applicant’s family, to include his parents, were in very bad financial shape; that the applicant’s only concern was to get out of the Army and go home to his family; that he would more than likely go AWOL upon release from the stockade.  The XO indicated the applicant was of good character, but unsatisfactory efficiency.

8.  A psychiatric evaluation prepared on 13 April 1954 discusses the applicant’s lower level of normal intelligence and fifth grade education.

9.  Statements from officers and sergeants, who observed the applicant, describe him as a fairly good man until he started going AWOL.

10.  An administrative separation board was convened at Fort Bragg, North Carolina, on 23 April 1954.  The witnesses repeated statements as indicated above.  The applicant testified  “that after he returned from Korea where he was a cook with Company “D”, 140th Anti-Aircraft Artillery (AAA) he found that he could not adjust himself to military life in the states.”

11.  Army Regulation AR 600-8-22, Military Awards, provides, in pertinent part, that the Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954 within the territorial limes of Korea or in waters immediately adjacent thereto.

12.  Department of the Army General Order 50, awarded the Republic of Korea Presidential Unit Citation, to the 140th Anti-Aircraft Artillery Battalion.

CONCLUSIONS:

1.  The evidence of records documents that the applicant was a habitual AWOL soldier.  The applicant provided no examples or clarification to support his charge of racism.  It is noted the applicant was trained in the Infantry, but served as a cook, providing some indication of the institutional racism that may have existed in the 1950’s.

2.  The records indicate, but do not clarify the reason for the applicant’s change in behavior.  The XO mentioned the applicant’s personal and financial problems. He described the applicant as a person with good character, even after several AWOL incidents.

3.  The psychiatric evaluation noted the applicant’s lower level of intelligence and fifth grade education.  These factors indicate the applicant probably was not able to fully understand or appreciate the ramifications that persistent AWOL and the resulting undesirable discharge would have on him.

4.  Considering the applicant’s service prior to his AWOL, which could be characterized as being under honorable conditions, and his diminished educational level, it would be appropriate to upgrade his discharge to a general discharge.  His performance, however, was not so meritorious as to warrant upgrade to completely honorable.

5.  Based on his service in Korea, during the Korean Conflict, he is entitled to two overseas service bars and the Korean Service Medal.  Additionally, he is entitled to the Republic of Korea Presidential Unit Citation.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by: 

	a. issuing to the individual concerned a General Discharge Certificate dated 22 May 1954 in lieu of the Undesirable Discharge Certificate he now holds; and
	b.  showing that he was awarded the Korean Service Medal; and 

	c.  showing that he was awarded the Republic of Korea Presidential Unit Citation.

BOARD VOTE:  

_mmd___  _svw____  _vbc____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Melinda M Darby___________
		        CHAIRPERSON

INDEX

CASE ID	AR1998014451	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	199909	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  144.33		
2.		
3.		
4.		
5.		
6.