2.  The applicant initially requested, via a March 1996 letter to the Assistant Secretary of the Army (Manpower and Reserve Affairs), reconsideration of his 1961 application to the Board in which he asked that his 1952 conviction by a General court-martial be reversed.  In addition to requesting reconsideration of his original request he also asked that all lost time be removed from his military records, payment of all back pay and allowances for the lost time and that he be monetarily compensated for the pain and suffering associated with his arrest conviction and period of confinement.  On 17 March 1997 the applicant agreed to amend his March 1996 application to request restoration to pay grade E-3, deletion of all lost time from his record and restoration of all back pay and allowances, without interest, from the date of his initial confinement on 
1 February 1952 until his release from confinement on 
25 August 1954.

3.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board’s original consideration of his case on 11 January 1961 (COPY ATTACHED).

4.  The applicant was serving in pay grade E-3 at the time he was placed in pre-trial confinement at Valley Forge General Hospital on 1 February 1952 following a fire at the post’s chapel where he had been performing duties as a chaplain’s assistant.

5.  He was convicted by a General court-martial on 8 May 1952 of willfully and maliciously setting fire to the Post chapel at VFGH on 29 January 1952.  His sentence included 
3 years confinement, a Bad Conduct Discharge and total forfeiture of all pay and allowances.  The sentence was approved on 29 July 1952.

6.  The applicant was temporarily confined at the United States Disciplinary Barracks at Fort Leavenworth and committed to a Federal Reformatory by orders dated 6 February 1953.  His Bad Conduct Discharge was executed on 26 February 1953 and he was conditionally released from confinement on 25 August 1954.  The balance of his sentence expired on 8 November 1954.

7.  In 1961 the Army Board for Correction of Military Records recommended that his records be corrected to show that he was separated on 26 February 1953 with a General Discharge in lieu of the Bad Conduct Discharge.  The Board’s decision was based in part on their conclusion that “the evidence adduced at the trial to implicate the applicant was entirely circumstantial; that the applicant’s statement was not an admission of guilt; that there was considerable doubt that the evidence was sufficient to establish arson or to connect the applicant with the arson if arson had, in fact, been committed” and that the bad conduct discharge was unjust and unduly severe “in view of the circumstantial evidence and the facts and circumstances of this case....”  On 20 January 1961, the Assistant Secretary of the Army (Manpower and Reserve Affairs) directed that an Honorable Discharge be issued.

CONCLUSIONS:

1.  The evidence confirms the applicant was serving in pay grade E-3 at the time he was placed in confinement on 
1 February 1952.

2.  The applicant remained in confinement until his conditional release from a Federal Reformatory on 25 August 1954.

3.  The statutory authority under which the Board was created (Title 10, United States code, section 1552, as amended) precludes any action by this Board which would disturb the finality of a court-martial conviction.  However, given the Board’s 1961 findings concerning the lack of evidence of guilt, equity requires completion of the relief granted at that time.  Granting restoration of his grade, deletion of lost time, and back pay and allowances completes the relief begun in 1961.

4.  It would be appropriate to restore the applicant to the grade he held at the time of his initial confinement (pay grade E-3), to remove the lost time accrued by him during his period of confinement (1 February 1952 through 25 August 1954) and to establish that period as creditable service for back pay and allowances.

5.  In view of the foregoing, 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 showing that the action separating the individual concerned from active duty on 26 February 1953 is void and of no force or effect;

	b.  by restoring the applicant to pay grade E-3;

	c.  by deleting all lost time from the applicant’s records and showing that the period 1 February 1952 through 25 August 1954 as creditable service for back pay and allowance; and

	d.  by showing that he was separated with an Honorable Discharge from the Army on 25 August 1954 in pay grade E-3.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON