PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 March 2003                  
	DOCKET NUMBER:   AR2002072868

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 general discharge be upgraded to honorable.

3.  The applicant states, in effect, that he was AWOL after he came home from the Korean War.  He was told that he would receive "company punishment" but he received a summary court-martial.  Although he made up the time he was still separated with a general discharge. 

4.  The applicant's military records were apparently lost or destroyed in the National Personnel Records Center fire of 1973.  The available records are very limited, consisting entirely of a copy of the DD Form 214 (Report of Separation) and the discharge orders.

5.  The DD Form 214 shows that the applicant enlisted on 5 April 1951, was trained as a field wireman, served in Korea and was authorized two bronze service stars for wear on the Korean Service Medal.  With 29 days lost time, he served exactly 3 years on active duty and was separated on 5 May 1954 due to the expiration of his term of service (ETS). 

6.  Army Regulation 615-360, in effect at the time, set forth the policy and procedures for separation of enlisted personnel.  Based upon the overall record of service, an honorable or general discharge could be awarded to an individual separated due to ETS.  

7.  Department of Defense Directive 1332.28 (discharge review procedures and standards) provides, in pertinent part, that a discharge shall be deemed equitable unless the policies and procedures under which the applicant was discharged differ materially from those currently in effect, provided that the current policies or procedures represent a substantial enhancement of rights and there is substantial doubt that the result would be the same the current standards.
 
8.  Army Regulation 635-200 (Enlisted Separations) as currently in effect, provides, at paragraph 4–5, that a soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the soldier is in entry-level status and service is uncharacterized.

CONCLUSIONS:

1.  The applicant served as a field wireman during the Korean War.  The only known discreditable incident was an AWOL for which, by his own admission, he was convicted by court-martial.  He apparently served his sentence.  Clearly, he made up the lost time, because he served every day of his 3-year wartime enlistment.

2.  The applicant was separated due to ETS.  Under current regulations, characterization of his service as honorable is required. 

3.  This constitutes a substantial enhancement of rights and the result would not be the same under the current standards. Re-characterization of the applicant's discharge to honorable is appropriate.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by voiding the 7 May 1954 general discharge now held by the individual concerned and issuing an honorable of the same date.

BOARD VOTE:  

_JNS ___  __MHM _  ___JTM_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		 __	John N. Slone_
		        CHAIRPERSON

INDEX

CASE ID	AR2002072868	
SUFFIX		
RECON		
DATE BOARDED	20030325	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19540507	
DISCHARGE AUTHORITY	AR635-360 	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	A94.42	
2.		
3.		
4.		
5.		
6.