PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           19 August 1999
	DOCKET NUMBER:   AR1999023491

	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:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. Melvin H. Meyer		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) be changed to a general discharge (GD).

3.  The applicant states that he was given an unjust discharge based upon a misdemeanor crime that he committed as a juvenile.  When he entered the Army, he did not list his juvenile conviction and was subsequently separated with a UD. In support of his application, he submits a personal letter, two court documents concerning his civil conviction, a copy of his DD Form 214, Report of Separation or Transfer, a letter from his parish priest, and a copy of the administrative action to separate him for fraudulent entry.

4.  The applicant’s military records show that he was born on 28 October 1934 and was inducted into the Army of the United States for 2 years on 6 March 1957.  Years earlier, on 11 February 1953, he had stolen two plants valued at $19.50 and was convicted of the offense.  Upon induction, he did not list this prior conviction and was later charged with fraudulent entry into the military under the provisions of AR 635-206.

5.  The applicant was processed for separation.  On 9 August 1957, his company commander characterized his service as excellent and recommended that he be retained in service.  The recommendation was not accepted and the applicant was separated with a UD on 12 September 1957.  He had 6 months and 7 days of creditable Federal service and no lost time.

6.  Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  The regulation provided, in pertinent part, that members who fraudulently entered the Army by concealing a conviction by a civil court were subject to separation.  An undesirable discharge was normally considered appropriate.

CONCLUSIONS:

1.  The applicant committed a foolish act as an 18-year old and stole two plants valued at $19.50.  When he was inducted into the Army 4 years later, he did not list this conviction during his induction processing.  He served 6 months with excellent conduct and efficiency before his omission was discovered.  Despite his company commander’s recommendation to retain him, the applicant was separated with a UD.

2.  The applicant did not enlist in the Regular Army; he was inducted.  Nonetheless, he was an excellent soldier.  However, because he falsified his induction paperwork by not listing his juvenile conviction, he was separated with a UD.  He has suffered the stigma of a UD for more than 40 years simply because he omitted mention of a youthful indiscretion.

3.  According to his pastor, the applicant has led a good law-abiding life for more than 35 years and has been an asset to his church and community.

4.  In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be unjust for the applicant to continue to suffer the stigma of a UD.  It would, therefore, be appropriate to correct the applicant’s records as indicated below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by voiding the UD, dated 12 September 1957, now held by the individual concerned and by issuing to him a GD of the same date.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999023491	
SUFFIX		
RECON		
DATE BOARDED	19990819	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19570912	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	A62.00	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	110.0000	
2.	144.9406	
3.		
4.		
5.		
6.