PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 November 1998                   
	DOCKET NUMBER:   AC98-11400

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		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 the general discharge of her deceased spouse, a former service member (FSM) be upgraded to honorable.  

3.  The applicant states that the FSM did not reveal until shortly before his death in September 1997 that he had received a general discharge.  He had revealed that he believed he received the discharge because of one incident for which he received an Article 15 near the end of his tour and because he would not reenlist.  Otherwise, he represented his country well.

4.  The FSM’s military records show that he was inducted into the Army on       12 November 1952.  He served over one year in Korea and through two campaigns.  He was promoted to Corporal on 15 February 1954 and reduced to Private First Class on 20 October 1954.  There is no record of the Article 15 on file.  His conduct and efficiency had been rated as either “unknown” or “excellent” until the period 25 September - 4 November 1954 when they were rated as “fair.”

5.  The FSM was separated on 11 November 1954 in pay grade E-3 and transferred to the U. S. Army Reserve to complete the remainder of his service obligation.  He had completed 2 years of service, the term of his active duty obligation.

6.  On 31 October 1960, the applicant received a general discharge from the    U. S. Army Reserve.  There is no evidence that he ever served in a Ready Reserve unit.

7.  Army Regulation 635-200 is the current regulation that sets forth the basic authority for the separation of enlisted personnel.  In pertinent part, it states that only the honorable characterization may be awarded a soldier upon completion of his period of enlistment or period for which called or ordered to active duty.  

CONCLUSIONS:

1.  The FSM had commendably served for over one year in Korea during a time of war.

2.  The FSM had been reduced to Private First Class on 20 October 1954, but the Article 15 so reducing him is not available.

3.  The FSM received a general characterization of service upon the completion of his active duty term of service on 11 November 1954 and a general discharge from the  U. S. Army Reserve on 31 October 1960 upon the completion of his total obligation.  Under current standards, he would have received an honorable characterization of service.
4.  In view of the foregoing, it would be in the interest of justice to correct the FSM’s records as recommended below.

RECOMMENDATION:

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

    a.  showing that the individual concerned was given an honorable characterization of service upon his separation from active duty on 11 November 1954, under the provisions of Army Regulation 615-360.

    b.  issuing the applicant a new DD Form 214 reflecting the aforementioned corrections; and

    c.  issuing an Honorable Discharge Certificate from the Army of the United States, dated 31 October 1960, denoting an honorable discharge in lieu of the General Discharge Certificate that had been issued to the FSM.

BOARD VOTE:  

GDP____  CLA____  RWG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11400	
SUFFIX		
RECON		
DATE BOARDED	19981124	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19601031	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.