PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:   AR2000040865

	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. Carl W. S. Chun		Director	
	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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)

2.  The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to an honorable discharge (HD).

3.  He states, in effect, that he would like his discharge upgraded based on his overall service record, to include his tour of duty at Fort Myer, Virginia, as a member of the Honor Guard.

4.  The applicant’s military records show that on 3 December 1953 he enlisted in the Regular Army (RA) for a period of 3 years unassigned.  He successfully completed basic combat training and advanced individual training in military occupational specialty 112.80 (Heavy Weapons Infantryman) at Camp Rucker, Alabama.  Thereafter he was assigned to Korea.

5.  The applicant’s record documents that the highest rank he held on active duty was sergeant first class/E-7 and that he received the National Defense Service Medal, Korean Service Medal, and the United Nations Service Medal. 

6.  On 7 October 1955 he departed Korea in casual status en route to Fort Myer, Virginia.

7.  On 30 April 1956, at Fort Myer, Virginia, he was honorably discharged for the purpose of immediate reenlistment.  On 1 May 1956 he reenlisted in the RA for a period of 6 years.  At the time of his reenlistment he held the rank of sergeant first class/E-7 and had completed 3 years, 4 months, and 20 days of prior active military service.  

8.  On 29 August 1956 he departed Fort Myer, Virginia, in casual status en route to Thailand. 

9.  On 21 August 1957 he departed Thailand in casual status en route to Fort Knox, Kentucky. 

10.  On 19 December 1957, at Fort Knox, Kentucky, the applicant was convicted by a special court-martial (SPCM) for operating a vehicle while drunk.  He was sentenced to a forfeiture of $25 pay per month for 6 months.

11.  On 18 August 1960, at Fort George Meade, Maryland, the applicant was convicted by a SPCM for AWOL (2-4 August 1960).  He was sentenced to reduction to sergeant/E-5 and a forfeiture of $70 pay per month for 3 months.

12.  On 7 February 1961 the applicant was convicted by a SPCM for AWOL (14-18 December 1960).  He was sentenced to a reduction to corporal/E-4 and a forfeiture of $50 pay per month for 3 months.

13.  On 21 July 1961 the applicant was convicted by a SPCM for AWOL (14 January-11 July 1961).  He was sentenced to confinement at hard labor for 6 months, reduction to private/E-1 (suspended) and a forfeiture of $43.00 pay per month for 6 months.  He was in confinement from 21 July-6 November 1961.  On 7 November 1961 the unexecuted portion of the confinement at hard labor was remitted.

14.  On 17 August 1961 a local bar to reenlisment was imposed against the applicant.

15.  On 15 September 1961 the unit commander recommended the applicant for discharge under the provisions of AR 635-208 for unfitness.  On the same date the applicant acknowledged receipt of the commander’s recommendation and waived consideration of his case by a board of officers.

16.  On 7 November 1961 the applicant was discharged and issued a DD Form 258A (Undesirable Discharge Certificate).  At the time of his discharge he had completed 5 years, 1 month, and 2 days of creditable service for pay purposes and accrued 145 days of lost time during the period under review.

17.  Army Regulation 635-208, then in effect, provided in pertinent part, the policies, procedures, and guidance for the prompt elimination of enlisted personnel who were determined to be unfit for further military service.  Individuals discharged under this regulation normally receive a UD. 

18.  On 5 October 1963 the Army Discharge Review Board reviewed and denied the applicant’s request for an upgrade.

CONCLUSIONS:

1. The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  In view of the applicant’s many acts of indiscipline, it does not appear that his UD was too severe.

2.  The overall quality of the applicant’s last period of service does not warrant an upgrade of the discharge.  However, his prior term of service, which included 3 years, 4 months, and 20 days of honorable service, should be considered a complete and unconditional separation. 

3.  Although the applicant was not eligible for a complete and unconditional separation on 30 April 1956, the honorable discharge issued to him for the purpose of immediate reenlistment terminated a period covering more than 3 years of honorable service.

4.  In consideration of the foregoing findings and conclusions, and in recognition of his more than 3 years of good service, it would be unjust to consider his honorable discharge of 30 April 1956 as other than a complete and unconditional separation from the military service.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected to show that the individual concerned was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 30 April 1956.

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

BOARD VOTE:  

___jhl___  ___jns__  __mhm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000036681	
SUFFIX		
RECON		
DATE BOARDED	20000412	
TYPE OF DISCHARGE	UOHC	
DATE OF DISCHARGE	19830901	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	7100	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 9218		
2.  0100		
3.  9500		
4.		
5.		
6.