PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:           13 February 2001
	DOCKET NUMBER:   AR2000044372

	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. Carolyn g. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston 		Chairperson	
	Mr. George D. Paxson 		Member	
	Mr. Donald P. Hupman		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 bad conduct discharge (BCD) be upgraded to a general discharge (GD), under honorable conditions.

3.  The applicant states, in effect, that he was a military policeman stationed in Japan.  He returned to the United States on emergency leave in order to attend his father's funeral.  After his leave expired, the Army would not send him back to Japan as he had too little time left on his enlistment.  In order to get back to his duty station, he reenlisted at Fort Dix, New Jersey, but ended up staying there 18 months awaiting orders to Japan.  During this period, he was working outside his MOS (military occupational specialty) and he became frustrated and left his unit in an absence without leave (AWOL) status.  The applicant submitted a statement in support of his application.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

5.  The applicant’s military records show that he enlisted on 21 August 1953 for 3 years.  Following all required training, the applicant was awarded MOS 642.10, Heavy Vehicle Driver (engineer equipment).  In July 1954, he was transferred to Korea where he served in a variety of assignments and units until June 1955 when he was transferred to Japan and ultimately to the United States, arriving at Camp Drum, New York on 26 December 1955.  During his overseas assignment, he was briefly assigned to the 212th Military Police Company from 5-14 August 1954.

6.  At Camp Drum, the applicant reenlisted for his present duty assignment (Headquarters and Service Company, 86th Engineer Battalion) and a 30-day reenlistment leave.  He was honorably discharged on 18 June 1956, credited with 2 years, 10 months, and 22 days of active military service, and reenlisted for 3 years.  His conduct and efficiency during his initial enlistment were rated as excellent.

7.  On 17 January 1958, the applicant was found guilty by general court-martial of two specifications of AWOL.  He was sentenced to confinement at hard labor for 6 months, forfeiture of $40.00 pay per month for 6 months, and a bad conduct discharge.

8.  On 13 March 1958, the applicant was found guilty by summary court-martial for missing roll call.  He was sentenced to confinement at hard labor for 1 month and forfeiture of $39.00 pay for 1 month.

9.  On 12 July 1958, the applicant was discharged from the Army under the provisions of Army Regulation 635-204 due to his sentence by general court-martial.  He was discharged with a BCD.  
10.  The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge; however, he did so beyond the its 15 year statute of limitations.  Furthermore, it is not within the purview of the ADRB to review discharges that resulted from general court-martial convictions.

11. The VA, in determining qualifications for benefits administered by that agency generally holds that an individual who accepts a discharge prior to completion of his complete term of obligated service may not be eligible for benefits unless or until the VA or the Service Department determines that the early discharge amounted to a complete and unconditional separation from the service.

CONCLUSIONS:

1.  The evidence of record does not support the applicant’s contention that he was working outside his MOS as a military policeman or that he reenlisted to get back to his unit in Japan.  In fact, he was a heavy vehicle driver assigned to an engineer battalion at Camp Drum and he reenlisted for his own unit vacancy.

2.  The overall quality of the applicant’s last period of service was sufficiently poor as to not warrant an upgrade of the discharge.  However, the circumstances of the applicant's honorable discharge on 18 June 1956 have worked an injustice upon him by depriving him of consideration for certain VA benefits for the preceding 34-month period of service.  

3.  In view of the foregoing findings and conclusions, and in recognition of his previous years of good service, it would be appropriate and proper to consider his honorable discharge on 18 June 1956 as a complete and unconditional separation from military service.  The applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to show that the individual was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 18 June 1956.

BOARD VOTE:  

__jl_____  __gdp___  __dph___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Hupman____
		        CHAIRPERSON

INDEX

CASE ID	AR2000044372	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19580712	
DISCHARGE AUTHORITY	AR 635-204	
DISCHARGE REASON	144.6700 Misconduct	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	144.930	
2.		
3.		
4.		
5.		
6.