PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 April 2000                   
	DOCKET NUMBER:   AR1999030770

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Van B. Cunningham		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 the Board determine if he received a general discharge under honorable conditions or an honorable discharge.

3.  The applicant states that his DD Form 214 shows he received a general discharge under honorable conditions but his DD Form 256A shows he received an honorable discharge.

4.  The applicant's military records show that he was inducted into the Army on 19 September 1952.  

5.  On 12 January 1953, the applicant was convicted by a summary court-martial of disobeying a lawful order by traveling beyond the 150-mile limit on his pass.  He was sentenced to forfeit $25.00 pay and to be restricted for 30 days.  On     12 February 1953, he was convicted by a summary court-martial of being absent without leave (AWOL) from 31 January to 10 February 1953.  He was sentenced to forfeit $25.00 pay and to confinement at hard labor for 30 days.  On 19 June 1953, he was convicted by a summary court-martial of being AWOL from 20 May to 3 June 1953.  He was sentenced to forfeit $10.00 pay, to be reduced to the lowest grade, and to be confined at hard labor for 30 days.

6.  The applicant served in Korea from 15 September 1953 until 31 October 1954 where he served as a firefighter with the 155th Transportation Company.  During this time his unit was awarded the Meritorious Unit Citation and the Republic of Korea Presidential Unit Citation.

7.  On 19 November 1954, the applicant was released from active duty (apparently as part of an early release for overseas returnees program) after completing 1 year,10 months and 29 days of creditable active service and had   93 days of lost time (26 days AWOL and 67 days confinement) and transferred to the Enlisted Reserve Corps for completion of his 8-year service obligation.  His DD Form 214 shows that his separation was characterized as general under honorable conditions.

8.  On 16 December 1960, the applicant received an Honorable Discharge Certificate from the U. S. Army Reserve.

9.  Army Regulation 635-200 is the current regulation that sets forth the basic authority for the separation of enlisted personnel.  Under current standards, only the honorable characterization may be awarded a soldier upon completion of his period of enlistment.

CONCLUSIONS:

1.  The evidence of record shows the applicant was convicted by three summary courts-martial.  The first offense for which he was convicted (exceeding pass area limits) is no longer a regulatory requirement.  The second two offenses for which he was convicted (AWOL of 11 and 15 days, respectively) would normally be handled by non-judicial punishment under today’s standards, although the Board acknowledges that his second AWOL period might also be handled by an administrative discharge

2.  The applicant then served honorably in Korea with no further record of misconduct.  The Board notes that although he was not a combat arms soldier and he served with a transportation unit, he was with that unit during a period of time it was awarded the Meritorious Unit Citation and the Republic of Korea Presidential Unit Citation.  The Board concludes the applicant contributed his share of duty that earned his unit those awards.  

3.  The applicant was released from active duty on 19 November 1954.  In accordance with regulations then in effect, a characterization of his service as general under honorable conditions was appropriate.  

4.  The DD Form 256A the applicant provides is his discharge certificate from his separation from the U. S. Army Reserve in 1960, not from his separation from active duty in 1954.  Although there is no evidence of record to show the applicant served in the active Reserve, the Board finds no contradiction here if the U. S. Army Reserve felt he served the remainder of his obligation in an honorable manner.

5.  The Board notes that the applicant was separated from active duty upon completion of his normal expiration term of service (early release of overseas returnees).  Considering his honorable service in Korea after receiving his third summary court-martial conviction, the Board concludes it would be appropriate to upgrade his characterization of service to what it would be under current standards; i. e., to a fully honorable characterization of service.

6.  In view of the foregoing, it would be in the interest of justice 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 amending the applicant’s DD Form 214 to show that his character of service was honorable.

BOARD VOTE:  

__jph___  __eja___  __vbc___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			James P. Huber
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR199930770	
SUFFIX		
RECON		
DATE BOARDED	20000419	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.