PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           13 JUNE 2002                   
	DOCKET NUMBER:   AR2001065688

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman, Jr.		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 be upgraded to honorable.  He states that he was falsely accused of calling a lieutenant names when coming back from a Christmas party.  He states that he reenlisted to serve his county for a "second" tour and states that it is not "possible that [he] would serve [his] country for [his] first tour of Korea and get an honorable discharge, and then ruin [his] record with an undesirable discharge."  He also states that he never received the Purple Heart for being wounded in Korea, or any other medals he might have earned.  He states he tried to have his records corrected on several occasions.  He submits no evidence in support of his request.

3.  Records available to the Board indicate he initially entered active duty on 
23 January 1951 and served an initial tour of duty in Europe where he was awarded the Army of Occupation Medal.  In November 1952 he was subsequently assigned to Korea with I Company of the 27th Infantry Regiment.  While assigned to this organization he was awarded the Korean Service Medal, Combat Infantryman Badge, the United Nations Service Medal, and participated in two designated campaign periods.  His service medical records confirm he was wounded in action on 1 December 1952 and awarded the Purple Heart.  Orders published by the 25th Infantry Division confirmed the award, although those orders, like most documents associated with his initial period of active duty, were not in records available to the Board.  Additionally, the applicant’s unit was awarded a Republic of Korea Presidential Unit Citation during his period of assignment with the 27th Infantry Regiment.

4.  The applicant returned to the United States in June 1953 and on 25 October 1953 was discharged for the purpose of immediate reenlistment.  He reenlisted for a period of 6 years on 26 October 1953.  His records indicate he was AWOL (absent without leave) for 2 days in April 1954 and in May 1954 he was, once again, assigned to Korea.

5.  Between July and December 1954, while in Korea, he received five company level punishments for a variety of infractions, including being in an off limits area, missing bed check, being off post without a pass, and being drunk and disorderly in the NCO club.  In March 1955 he was convicted by summary court-martial of missing bed check and two counts of failing to be at his appointed place of duty.  

6.  In April 1955 the applicant appeared before a board of officers who recommended he be discharged for unfitness with an undesirable discharge.  They concluded the applicant "gives evidence of traits of character…which render retention in the service undesirable."  The applicant's commander noted that prior to initiation of separation action the applicant had been reassigned on three different occasions to platoons of his choice and had been assigned to various duties but was "found most undependable in all instances…."

7.  On 13 May 1955 the applicant was discharged under the provisions of Army Regulation 615-368 and issued an Undesirable Discharge Certificate.  He was issued a DD Form 214 (Report of Separation from the Armed Forces of the United States) reflecting his service between 23 October 1953 and 13 May 1955. That report reflects entitlement to the National Defense Service Medal.  His records do not contain a DD Form 214 for his initial period of active duty.

8.  Army Regulation 615-368, then in effect, set forth the policy and procedures for separation of enlisted personnel for unfitness.  Unfitness included, in addition to misconduct and repeated petty offenses, habits and traits of character manifested by antisocial or amoral trends, chronic alcoholism, criminalism, drug addiction, and habitual shirking.  Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was unsuccessful, impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.

9.  Army Regulation 635-5, in effect at the time, provided that the DD Form 214 would not be prepared for enlisted members of the Regular Army who immediately reenlisted at station of discharge within 24 hours of discharge.  

CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, that his administrative separation for unfitness was in error or unjust.  The separation makes no mention of the applicant's contention that he was unjustly accused of calling a lieutenant a name.  The Board concludes that his undesirable discharge in 1955 was appropriate, accomplished in conjunction with applicable laws and regulation, with no indication that his rights were jeopardized.  As such, the Board finds no basis to upgrade his discharge.

2.  The Board does note, however, that he was awarded several decorations during his initial period of active duty, including the Purple Heart, which should be made a matter of official record.  While the Board concludes that it may be inappropriate to enter those decorations on his 1955 DD Form 214, it does find, that in the interest of justice and as an exception to policy, it would be appropriate to issue the applicant a DD Form 214 for the period 23 January 1951 through 25 October 1953 which reflects his entitlement to the Purple Heart, Combat Infantryman Badge, Army of Occupation Medal, Korean Service Medal with two bronze service stars, National Defense Service Medal, United Nations Service Medal, and a Republic of Korea Presidential Unit Citation.  The Board notes that there is sufficient information in available records to complete such a DD Form 214.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a DD Form 214 for the period 
23 January 1951 through 25 October 1953 which reflects information associated with his initial period of active duty, including his entitlement to the Purple Heart, Combat Infantryman Badge, Army of Occupation Medal, Korean Service Medal with two bronze service stars, National Defense Service Medal, United Nations Service Medal, and a Republic of Korea Presidential Unit Citation.

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

BOARD VOTE:  

_CLA ___  __BJE   _  __DPH __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi____
		        CHAIRPERSON

INDEX

CASE ID	AR2001065688	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020613	
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.	110.00	
2.	107.00	
3.		
4.		
5.		
6.