PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            3 February 20000
	DOCKET NUMBER:   AR1999026327

	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.  

	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ernest W. Lutz, Jr.		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, in effect, that he be granted clemency in the form of a general, under honorable conditions discharge.

3.  He states, in effect, that due to youth and immaturity he made many mistakes while in the Army; that his wife was 16 years old and he went AWOL after she threatened to divorce him when she had a miscarriage; that he regrets his mistakes and has made up for his errors by leading an exemplary life since separation from the service to include a 36 year marriage.    

4.  The applicant’s entire military record was not available for review.  However, the applicant’s available records show that he enlisted on 4 April 1951 in the Regular Army (RA) for a period of 3 years unassigned.  The record also shows that at the time of his enlistment he was 18 years old and had completed only 8 years of formal education.

5.  The applicant was assigned to Fort Gordon, Georgia for basic combat training.  He subsequently served in Korea as a military policeman and as a truck driver.  He earned the Korean Service Medal with 4 Battle Stars.  He was reassigned to Stuttgart, Germany in 1952.

6.  On 12 August 1954 he was convicted by a general court-martial for violation of the UCMJ, Article 121, wrongfully appropriating a $10.00 camera.  He was sentenced to a bad conduct discharge, confinement at hard labor for 6 months (suspended), and forfeiture of all pay and allowances.  The report of court-martial indicated that he had one previous special court-martial for two periods of AWOL (13 and 7 days). 

7.  On 17 September 1954 the Army Court of Military Review affirmed the findings and sentence as approved by the appropriate authority.

8.  The applicant was confined at the Post Stockade, Camp Kilmer, New Jersey.  He was discharged with a bad conduct discharge on 5 October 1954.  At the time of his discharge he had completed 3 years, 5 months, and 12 days of active military service and accrued 20 days of lost time. 

CONCLUSIONS:

1.  Conviction and discharge were effected in accordance with applicable law and regulations.  Title 10, United States Code, section 1552, as amended does not permit any redress by this Board which would disturb the finality of a court-martial conviction.  The Board is empowered to change the characterization of the discharge only if clemency is determined to be appropriate.  Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed.

2.  Considering the facts and circumstances of this case, the nature of his offenses and his overall length of service, to include his service in Korea, the Board found that clemency was warranted.  It appears that the interest of justice would best be served by changing the applicant’s characterization of service to general, under honorable conditions. 

3.  Accordingly, in the interest of justice and as a matter of clemency, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected to show that the individual concerned was separated from the service with a General Discharge Certificate on 5 October 1954.  

2.  That the Department of the Army issue to the individual concerned a General Discharge Certificate from the Army of the United States, dated 5 October 1954 in lieu of the discharge certificate of the same date now held by him.

3.  That the applicant be issued a new DD Form 214 reflecting the aforementioned correction.

BOARD VOTE:  

__mkp___  ___bje__  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026327	
SUFFIX		
RECON		
DATE BOARDED	20000203	
TYPE OF DISCHARGE	BD	
DATE OF DISCHARGE	19541005	
DISCHARGE AUTHORITY		
DISCHARGE REASON	6800	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 9106		
2. 0100		
3.		
4.		
5.		
6.