PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 March 2001
	DOCKET NUMBER:   AR2000048268

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Thomas E. O’Shaughnessy, 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 that he be advanced on the retired list to pay grade
E-7.  He also requests that that his separation document show all awards and decorations that he is entitled.

3.  The applicant states that his special court-martial conviction did not establish the presumption used by the Army Ad Hoc Review to deny his request for advancement on the retired list.  He states the awards listed on the DA Form 1577 (Authorization for Issuance of Awards) are not shown on his separation documents.  In support of his application he submits a WD AGO Form 53 (Enlisted Record and Report of Separation) and three DD Forms 214 (Report of Separation from the Armed Forces of the United States).  

4.  The applicant’s military records show that he was promoted to master sergeant/E-7 in June 1951.  He was honorably retired from the Army on 
30 September 1967 in pay grade E-6.  His awards include the Good Conduct Medal (third award), the National Defense Service Medal, the Combat Infantryman Badge, and the Korean Service Medal with five bronze service stars. At that time only awards received during the current period of service were listed on the DD Form 214.

5.  The applicant was convicted by a summary court-martial on 8 December 1949 of being absent without leave (AWOL) from 5 December to 7 December 1949.  Also, on 6 January 1950 he was convicted by a summary court-martial of being AWOL and of breaking restrictions.

6.  He was convicted by a special court-martial on 7 December 1953 of driving recklessly above the speed limit while drunk and of disrespectful language towards an officer.  He was sentenced to confinement at hard labor and forfeiture of $60.00 pay for 6 months.  His sentence to confinement at hard labor reduced the applicant to pay grade E1 in accordance with the Manual for Courts-Martial, section 126e. 

7.  On 22 January 1982 the Army Ad Hoc Review Board reviewed the applicant’s request for advancement on the retired list to pay grade E-7.  The board determined that his reduction from pay grade E-7 by special court-martial conviction on 7 December 1953 established a presumption under the terms of the Secretary of the Army’s guidance that his service in the pay grade E-7 was unsatisfactory.  The Ad Hoc Review Board denied his request and concluded that the applicant should be retained on the retired list in pay grade E-6.

8.  DA Form 1577, dated 24 February 1993 reissued the applicant the Good Conduct Medal with 2 bronze loops, the National Defense Service Medal, the Combat Infantryman Badge, the Korean Service Medal with silver service star, the World War II Victory Medal, Sharpshooter Badge with Rifle and Pistol Bar, the Expert Badge with Carbine Bar, and issued the Bronze Star Medal, the Presidential Unit Emblem, the Meritorious Unit Emblem, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with 4 bronze service stars, the Army of Occupation Medal (Germany), and the Combat Infantryman Badge (second award).

CONCLUSIONS:

1.  The Board finds that the applicant’s acts of misconduct that resulted in his special court-martial conviction were of such a serious nature that his sentence mandated his reduction to the lowest pay grade and thereby diminished his quality of his service.

2.  Based upon the applicant’s overall service, special court-martial conviction, and 2 summary court-martial convictions, the Board concluded that the applicant’s retired pay grade of E-6 was the highest grade he held satisfactorily while on active duty.

3.  The applicant is entitled to have his military records corrected to show 
award of the Bronze Star Medal, the Presidential Unit Emblem, the Meritorious Unit Emblem, the American Campaign Medal, the Combat Infantryman Badge (second award), the European-African-Middle Eastern Campaign Medal with 
4 bronze service stars, and the Army of Occupation Medal (Germany).

4.  In view of the foregoing, 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 by:

	a. deleting the CIB from the DD Form 214 dated 1952 of the individual concerned and adding the CIB with one star; and

	b. adding the BSM, the American Campaign Medal, the Army of Occupational Medal (Germany), the Presidential Unit Emblem, and the Meritorious Unit Emblem to his WD AGO Form 53-55 dated 14 January 1946; and by deleting the EAME and adding the EAME with 4 bronze service stars. 

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

BOARD VOTE:  

__EMW__  __RTD__  __TEO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048268	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010315	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.