PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 June 2000                  
	DOCKET NUMBER:   AR1999030780

	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 W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H, Meyer		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 reconsideration of his previous application to correct his military records by upgrading his dishonorable discharge (DD) to honorable.

3.  He states, in effect, that he had gone to a bar, on crutches to celebrate Labor Day.   He was struck when the fight started and simply defended himself.  He also contends that the discharge should be upgraded because the DD was suspended until he completed his sentence to confinement so that he would have a chance at restoration to duty.

4.  The Memorandum of Consideration of the Board’s 3 February 1999 review of his request is incorporated herein by reference as if wholly set forth.

5.  Medical records indicate that the applicant was medically evacuated (“invalided home” in the parlance of the day) from Europe as the result of his combat wounds.

6.  The staff judge advocate’s (SJA) review of the trial by court-martial noted that the applicant’s Purple Heart, combat service, youth, limited intellect (IQ of 55) and education (3rd grade), and his previously offense free record and recommended that the DD be suspended.

7.  The convening authority suspended the sentence until the confinement was served.  

8.  His confinement record indicates that the applicant had been awarded the Combat Infantryman Badge on 10 October 1945.

9.  His sentenced confinement was reduced three times.  He was ultimately released on 13 October 1947 and the discharge executed.  He was not restored to duty, although there is no available record of any misconduct or inadequate adjustment in confinement and the consistent clemency reductions in his sentence tends to indicate that there were none. 

10.  The applicant has repeatedly requested replacement awards, but there is no evidence of a response. 

CONCLUSIONS:

1. Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

2.  However, in light of all the circumstances of the case, but especially the applicant’s combat service and awards, his limited intellect and the passage of time without any evidence of post-service misconduct the current situation is now unjust.

3.  The applicant’s discharge should be upgraded to general.  The seriousness of the offenses for which he was convicted precludes greater relief in the form of an honorable discharge.

4.  The applicant was awarded the Good Conduct Medal, the Purple Heart, the Combat Infantryman Badge (which also entitles him to an award of the Bronze Star Medal) and he earned two bronze service stars for wear on the European-African-Middle Eastern Campaign Medal. 

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

a.  voiding the dishonorable discharge dated 13 October 1947 currently held by the individual concerned and by issuing him a general discharge due to Secretarial Authority of the same date; and 

b.  by amending his report of separation to show his authorized awards and by furnishing him the following replacement set of the following medals; the Good Conduct Medal, the Purple Heart, the Combat Infantryman Badge, the Bronze Star Medal and the European-African-Middle Eastern Campaign Medal with two bronze service stars.

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

__JHL___  ___JNS__  __MHM_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__JoAnn H. Langston___________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030780	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	MODIFY	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.