2.  The applicant requests that his dishonorable discharge (DD) be upgraded to undesirable or higher (general or honorable) because his trouble while in military service stemmed from alcoholism and a company officer who disliked him.

3.  The applicant, at 18 years of age, enlisted in the Regular Army for 3 years on 10 November 1945.  Following completion of the required military training, he was assigned to a unit in Berlin, Germany.  While overseas, he exhibited a drinking problem which led to a court-martial conviction in October 1946 for being drunk and disorderly in an off limits location.  He was sentenced to a reduction to private, confinement at hard labor for 4 months, and forfeiture of $30 per month for 4 months.

4.  On 2 April 1947, the applicant was placed under arrest in quarters by his commander for being drunk.  He left his unit and was absent without leave (AWOL) until 17 April 1947 when he was located and brought to the Orderly Room in a drunken state.  He was ordered to go to bed.  Later, when he had sobered up, he was brought to the Orderly Room and ordered to the guardhouse.  He became disrespectful toward a company officer, telling him “you can kiss my ass.”  Before being taken to the guardhouse, he asked to use the latrine, then escaped custody and was AWOL until 27 April 1947 when he was found in the barracks.  Ordered by a sergeant to go to the Orderly Room, he disobeyed and went AWOL again.  Later that evening, he was apprehended in a private residence.  While being transported to the guardhouse under guard, he escaped once again.  The record is silent on how he was finally apprehended and placed in pretrial confinement on 28 April 1947.

5.  The applicant was tried by a general court-martial on 17 June 1947 on charges of breaking arrest, disobeying a lawful order of an NCO, drunk and disorderly, and disrespect to an officer.  He was convicted and sentenced to a DD and 18 months’ confinement at hard labor.  The sentence to confinement was reduced to 9 months by the convening authority and the applicant was transferred to the Branch United States Disciplinary Barracks, Fort Benjamin Harrison, Indiana.  His DD was executed on 30 June 1947.

6.  The Military Justice Act of 1983 (Public Law 98-209), provides, in pertinent part, that military correction boards may not disturb the finality of a conviction by court-martial.

CONCLUSIONS:

1.  The applicant had an alcohol abuse problem while in military service.  He was given a general court-martial for a series of alcohol-related offenses.  The Board considers the punishment of a DD to be overly harsh in view of the applicant’s alcoholism and in consideration of the offenses for which he was convicted.

2.  While the Board cannot, by law, disturb the finality of a court-martial conviction, it can mitigate the punishment when deemed appropriate.  In this situation, the documented evidence of alcohol abuse, coupled with the extremely harsh punishment received by the applicant, justifies mitigation. It would, therefore, be unjust and inequitable, after more than 50 years, to continue to cause the applicant to suffer the stigma of a DD because of alcohol-related violations of military law.

3.  In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be appropriate to correct the applicant’s records as indicated below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by voiding the DD, dated 30 June 1947, now held by the individual concerned and by issuing him a general discharge, dated 30 June 1947, in lieu thereof.

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

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON