PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:   16 September 1999                           
	DOCKET NUMBER:   AR1998012738

	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	
	Ms. Stephanie Thompkins .		Analyst	

  The following members, a quorum, were present:

	Mr James M. Alward. 		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Kathleen A. Newman 		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 general discharge be upgraded to honorable.

3.  The applicant states he was never court-martialed, AWOL or had any periods of dishonorable service.

4.  The applicant’s military records show that he enlisted in the Army for 3 years as a private E-1 on 2 February 1951.  He attained the grade of private first class E-3 on 24 April 1952.

5.  He served overseas for 1 year, 2 months and 9 days.  He was awarded the Korean Service Medal with 2 Bronze Service Stars, the United Nations Service Medal, and the National Defense Service Medal.

6.  He was separated at his expiration term of service (ETS) on 1 February 1954 with a general discharge, under honorable conditions.

7.  His records show he had no lost time or received any Article 15 punishment.

8.  Army Regulation 635-200, currently in effect, provides that only an honorable discharge at ETS is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel.

9.  Department of Defense Directive 1332.28 provides that a discharge shall be considered inequitable when the policies and procedures currently in effect provide a substantial enhancement of an individual’s rights.

CONCLUSIONS:

1.  The current policies provide a substantial enhancement of the applicant’s rights.  The applicant currently would receive an honorable discharge.  His general discharge is inequitable and should be changed.

2.  In view of the foregoing findings and conclusions, it would be appropriate 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:

a.  by voiding the general discharge of the individual concerned; 

b.  by showing that he was separated on 1 February 1954 with an honorable discharge; and

c.  by issuing him an Honorable Discharge Certificate.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998012738	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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.		
2.		
3.		
4.		
5.		
6.