PROCEEDINGS

          IN THE CASE OF:        

	BOARD DATE:           17 November 1999
	DOCKET NUMBER:   AR999027504

	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.	Calvin M. Fowler		Chairperson	
	 Mr.	John N. Slone		Member	
	 Mr.	Ted S. Kanamine		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 application to upgrade his discharge.

3.  He states, in effect, that he was good soldier until he came home from Korea, but nothing that was happening in the stateside Army seemed important and he just kept going AWOL until he was "boarded" out.  He went to Korea with a cousin who was killed.  He believes that he was just too immature to experience combat and then adjust .  He feels that he made a significant contribution by his combat service, but he receives no benefits just as if he had never served.

4.  The applicant applied under the Board's Reconsideration Project, however his discharge has never been considered by this Board.  His previous applications have been administratively closed due to lack of records.  The only available evidence of the applicant's service is the record of the Army Discharge Review Board's 9 April 1982 records review of his case and his DD Form 214 (report of separation).  Therefore, the case is considered de novo.

5.  The applicant enlisted for 3 years  at the age of 17 years 2 months.  He served in Korea and was awarded the Combat Infantryman Badge (CIB) and earned five campaign stars on the Korean Service Medal.  Following his return to the United States he was repeatedly AWOL for a total of 262 days.  The only disciplinary action was a summary court-martial for a six day AWOL .  He served 53 days confinement.  

6.  On 1 October 1952 the applicant appeared with counsel before a Board of officers, but did not testify.  A prepared statement was apparently presented, but that is not available.  On 14 October 1952 the applicant was separated with an undesirable discharge.  He had 1 year 6 months and 21 days creditable service.  He was approximately 4 months shy of his 20th birthday. 

7.  Army Regulation 615-368, then in effect, set forth the policy and procedures for separation of enlisted personnel for unfitness.  Unfitness included, in addition to misconduct and repeated petty offenses, habits and traits of character manifested by antisocial or amoral trends.  Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was unsuccessful, impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.

CONCLUSIONS:

1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  However, the Board considers that his unblemished combat record, the horrendous conditions that existed in the early part of the Korean conflict  and his extreme youth do mitigate the misconduct for which he was discharged.
 
2.  Notwithstanding the above, his repeated AWOLs were too serious for to characterize his service as fully honorable.  Characterization of his service as having been served under honorable conditions and a general discharge is appropriate.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by voiding the undesirable discharge currently held by the applicant and providing him with a general discharge of the same date.

2.  That so much of the application as is in excess of the foregoing be denied.
 
BOARD VOTE:  

__cmf___  __jns____  __tsk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_     Calvin M. Fowler________
		        CHAIRPERSON

INDEX

CASE ID	AR1999027504	
SUFFIX		
RECON		
DATE BOARDED	19991117	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19521014	
DISCHARGE AUTHORITY	AR 635-386 	
DISCHARGE REASON	A50.00	
BOARD DECISION	MODIFY	
REVIEW AUTHORITY	A92.08	
ISSUES         1.	A93.02	
2.		
3.		
4.		
5.		
6.