PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 April 2002
	DOCKET NUMBER:   AR2001061141

	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. P.A. Castle		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Richard T. Dunbar		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 his general discharge be upgraded to honorable.  He states he was a decorated combat veteran and should not have been punished for a minor infraction.  He states the infraction was due to an extended leave after returning from Korea.

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

4.  The applicant enlisted and entered active duty on 2 June 1949, and while assigned to Korea he received a Combat Infantryman Badge, a Purple Heart, and the Korean Service Medal with 5 bronze service stars.  He was separated at the expiration of his term of service (ETS) with a general discharge under honorable conditions on 30 September 1952.  He had served 3 years, 2 months, and 29 days of total active service and had 30 days lost time.

5.  The regulations in effect at the time of the applicant’s separation allowed commanders to direct a general discharge at ETS.  However, under today’s standards the Department of Defense Directive 1332.28 (Discharge Review) states that a discharge should be considered proper unless there is an error or change in policy that significantly enhanced the individuals processing rights.  Under current policy any soldier discharged due to ETS is granted an honorable discharge.

CONCLUSIONS:

1.  The applicant’s rights have been enhanced under the current policy.

2.  The Board finds that due to the applicant’s distinguished combat service his discharge should be changed to honorable.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected by voiding the 30 September 1952, general discharge, by providing the individual concerned with a new DD Form 214 showing separation with an honorable discharge due to ETS on the same date and by furnishing the individual concerned with an Honorable Discharge Certificate.

BOARD VOTE:  

________  ________  ___eja__  GRANT AS STATED IN RECOMMENDATION

________  ________  _______  GRANT FORMAL HEARING

_rtd  ____  __mkp __  _______  DENY APPLICATION

		____Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001061141	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000 	
2.  		
3.  		
4.		
5.		
6.