PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             22 August 2000                  
	DOCKET NUMBER:    AR1999032725

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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 under other than honorable (UOTH) discharge be upgraded.

3.  The applicant states that during his career he had a temper and began to drink heavily.  On one occasion, he struck a sergeant and when denied a pass or leave he would absent himself without permission.  After being discharged in 1957 he continued to drink until 1968.  He states he has not had a drink since then.

4.  In support of his request, he has submitted statements from his brother–in-law, wife, and stepson.  They state the applicant does not drink, has become a good man, is a trustee and usher at church and is a good father and husband. 

5.  He also submits a police name check conducted by the state of North Carolina that shows he has had no arrests, convictions, citations or traffic violations since 1985.

6.  The applicant’s military records were partially burned in the 1973 fire at the National Personnel Records Center.  The available records show that he completed the following enlistments: 31 March 1943 – 9 March 1950, receiving a honorable discharge; 27 September 1950 – 19 October 1951, receiving a general discharge; 15 January 1952 – 12 July 1953, receiving a honorable discharge; and lastly, 13 July 1953 – 20 August 1957, receiving an UOTH discharge. 

7.  The applicant’s education level upon entry into the service was 4th grade.

8.  The applicant was awarded the Combat Infantryman Badge for service during the Korean War.

9.  The following is a summary of the document that was submitted to support the recommendation of the applicant for an undesirable discharge.  There is no hope for the applicant, he has five court-martials and two Article 15’s and has been given a fair chance and failed.  He should be separated from service.  He is capable of carrying out duties, but most of his trouble is in off duty hours and I do not want him in the unit.  Applicant has given no indication of cause or trouble.  The applicant has stated he likes to drink and cannot stop and he feels he is on the way to become an alcoholic.

10.  A Federal Bureau of Investigation (FBI) report received by the Board in conjunction with the processing of this application shows no arrests.  The applicant may obtain a copy of this FBI report by writing to the Board and requesting same.

CONCLUSIONS:

1.  The applicant's voluntary request for separation was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under duress or coercion.

2.  Although the issuance of a UOTH discharge may have been appropriate at the time; the Board now concludes that, considering the current knowledge of the prevention and treatment for alcoholism, the passage of 40 years since his discharge, his prior honorable combat service, his limited educational level, and his good citizenship since discharge, the interests of justice would best be served by upgrading his discharge.  Failure to do so would be inequitable and unjust.

3.  Given the applicant’s repeated offenses it would be inequitable to characterize his service as fully honorable.  However, his positive post-service conduct indicates that the undesirable discharge may have served its purpose and that a general discharge is more appropriate. 

4.  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 issuing to the individual concerned a General Discharge Certificate dated 20 August 1957 in lieu of the Undesirable Discharge Certificate he now holds.

BOARD VOTE:  

___ew___  ____mvt_  ___kwl__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Edward Williamson____
		        CHAIRPERSON

INDEX

CASE ID	AR1999032725	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000822	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	144.70	
2.		
3.		
4.		
5.		
6.