PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 January 1999                                      
	DOCKET NUMBER:   AC98-09944/AR1999015668

	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. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome 		Chairperson	
	Mr. Fred N. Eichorn 		Member	
	Mr. John P. Infante 		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 undesirable discharge (UD) be upgraded to an honorable discharge (HD).

3.  The applicant states that it has been more than 40 years since his discharge and he has been a good citizen.  He also states that he had good prior service of nearly 5 years before the enlistment for which he was separated with a UD.  He provides letters from officials in his home town attesting to his many years of good citizenship.

4.  The applicant’s military records show that he reenlisted in the Regular Army for 3 years on 17 June 1955 with 4 years, 9 months, and 15 days of prior service.  During such prior service, he had one period of AWOL for 3 days, for which he received a summary court-martial.  After reenlisting, he was punished by a summary court-martial on 11 August 1955 for 1 day of AWOL; a special court-martial on 21 October 1955 for 11 days of AWOL; and a special court-martial on 26 January 1956 for 29 days of AWOL.  For this last conviction, he was sentenced to 6 months’ confinement and forfeiture of $240.00.

5.  On 14 August 1956, the applicant’s commander recommended that the applicant be separated from the Army under the provisions of AR 635-208 for unfitness.  The applicant acknowledged notification, requested counsel, and requested a hearing before a board of officers.  The hearing was conducted on 15 September 1956.  Members of the applicant’s chain of command were called and expressed the opinion that the applicant was unfit for further duty.  The applicant did not choose to question the witnesses.  The board of officers recommended that the applicant be separated with a UD for unfitness.  The recommendation was accepted on 11 October 1956.  He was separated with a UD on 17 October 1956.

6.  The VA, in determining qualifications for benefits administered by that agency generally holds that an individual who accepts a discharge prior to completion of his complete term of obligated service may not be eligible for benefits unless or until the VA or the Service Department determines that the early discharge amounted to a complete and unconditional separation from the service.  The applicant’s honorable period of service from 30 August 1950 to 16 June 1955 was not eligible for a complete and unconditional separation.

7.  Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided, in pertinent part, that members found to be unfit for further military service, and without rehabilitative potential, would be separated.  An undesirable discharge was normally considered appropriate.
CONCLUSIONS:

1.  The applicant was a good soldier for nearly 5 years.  For reasons unknown, his behavior changed following his last enlistment and he began going AWOL.  His multiple AWOL’s during his final period of service totaled 50 days.  His total service from all enlistments was 6 years, 3 months, and 18 days.

2.  The applicant’s service prior to his final enlistment on 17 June 1955, though honorable, was not characterized as a complete and unconditional separation when he was discharged on 16 June 1955.  This service thus became characterized as undesirable as a result of his final discharge.  It is unfair to the applicant to characterize his nearly 5 years of honorable service prior to 17 June 1955 as anything other than fully honorable.

3.  Given the relatively minor nature of the applicant’s disciplinary violations during his final enlistment and the severe punishment of a UD imposed upon the applicant for more than 40 years, it is unjust to continue to make him suffer the stigma of a UD.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected to show that the individual was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 16 June 1955.

2.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with a General Discharge Certificate on 17 October 1956.

3.  That the Department of the Army issue to the individual concerned a General Discharge Certificate, dated 17 October 1956, in lieu of the UD of the same date now held by him.

4.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

___KJN _  __FNE __  __JPI ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999015668	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990121	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19561017	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	A71.00	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.