PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             9 March 2000
	DOCKET NUMBER:    AR1999030291

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter		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, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).

3.  The applicant states, in effect, that he served 3 honorable years in the Army, of which 16 months were served in combat in the European Theater of Operations during World War II.  He claims that his service record contained no blemishes and when he was discharged from active duty after World War II he was advised that it would be to his advantage to join the Officer’s Reserve Corps, now known as the USAR, which he did.  He explains that he ignored several pieces of correspondence from the Army to participate in annual officer training in 1951, because he was afraid he would be called back to active duty and his building construction business, which he had just started, would be destroyed.  After ignoring this correspondence he was sent a GD from the USAR.  He expresses deep remorse for his actions at the time but indicates that he is now 84 years old and would like his discharge upgraded.  He states that his time is running out and would be very grateful if his previous case of bad judgement could be forgiven.  He concludes by requesting that he, an old veteran, who as a young man made a mistake be allowed to go to his maker with an HD.  He has enclosed copies of his discharge documents from his active duty service during World War II and his GD documents issued in 1952, in support of his application.

4.  The applicant’s official military records were not available for review by this Board.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost in that fire.  The applicant has provided separation documents from his first period of active duty service, between 1943 and 1946, and a copy of documents related to his GD from the USAR, which he received in 1952.

5.  The evidence provided by the applicant includes a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Military Record and Report of Separation-Certificate of Service), which indicates that he was released from active duty based on demobilization and transferred to the USAR on 23 May 1946.  In addition, there is a WD AGO Form 55 (Army of the United States-Honorable Discharge), which was issued to him at the completion of his active duty service, which covered the period from 17 December 1943 to 23 May 1946. 

6.  His service during World War II included 16 months as a Troop Transport Commander in the European Theater of Operations.  He also earned the American Theater Service Medal; the European African Middle Eastern Service Medal with 2 Bronze Stars, and the World War II Victory Medal; in addition, to participating in the Rome Arno and Southern France Campaigns of World War II.

7.  On 3 December 1952, the applicant was issued a letter from Headquarters, Sixth Army, Presidio of San Francisco, California, which directed his discharge from the USAR based on his failure to participate in the USAR Officer Service Evaluation Program of 1951.  Enclosed with this letter was a Department of Defense (DD) Form 257a (General Discharge Certificate), dated 3 December 1952.

CONCLUSIONS:

1.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time, and that the GD issued to the applicant, on 3 December 1952, for his USAR service was proper at the time it was issued.  

2.  While not condoning his behavior, the Board found the applicant’s failure to participate in USAR training was an isolated departure from his normal conduct and was not reflective of his overall record of service.  The available evidence shows that the preponderance of the applicant’s military service was honorable, which includes his 16 months of combat service in World War II.  It is also clear from his application that he is extremely remorseful for his isolated incident of misconduct.  Therefore, in the interest of compassion and equity, the Board concluded relief is warranted at this time.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned received an honorable discharge from the Army of the United States, effective 3 December 1952, in lieu of the GD of the same date he now holds.

BOARD VOTE:  

___cs ___  ___jh ___  ___tdh __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____June Hajjar    ______
		        CHAIRPERSON

INDEX

CASE ID	AR1999030291	
SUFFIX		
RECON		
DATE BOARDED	2000/03/09	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1952/12/03	
DISCHARGE AUTHORITY	HQ’s Sixth Army Ltr, dtd 3 Dec 1952.	
DISCHARGE REASON	Unsat Participation	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 189	110.0000	
2.		
3.		
4.		
5.		
6.