2.  The applicant requests that his undesirable discharge be upgraded.

3.  He states that his problems while in the service were all caused by his alcoholism.  Despite his obvious alcoholic symptoms, he was never afforded appropriate counseling or rehabilitation.  He believes that he would have received an honorable discharge if his alcoholism had been identified and treated.

4.  The applicant’s military records were damaged in the fire at the records repository at St. Louis in 1973.  However, most of his military records are still legible.

5.  He entered on active duty on 22 August 1956 in pay grade E-1, was awarded the military occupational specialty of a parts specialist, and was promoted to pay grade E-3.

6.  During the applicant’s enlistment he was convicted by a summary court-martial of failure to go to his appointed place of duty, and by a special court-martial of incapacitation for the performance of his duties due to indulgence in intoxicating liquor.  He also accepted unit punishment twice, once for leaving post without a pass, and once for being absent from reveille.

7.  On 29 April 1958 a board of officers was convened to consider the applicant for discharge for Undesirable Habits and Traits of Character under the provisions of Army Regulation 635-208.  The board, after careful deliberation, found the applicant to have undesirable habits and traits of character and recommended that he be furnished an Undesirable Discharge Certificate.

8.  The findings and recommendations of the board of officers were approved by the assistant adjutant general, a captain, on 7 May 1958, and the applicant was furnished an Undesirable Discharge Certificate on 21 May 1958.  He had completed over 1 year and 9 months of creditable service and had no lost time.

9.  Army Regulation 635-208, in effect at the time, set forth the policy for administrative separation for Undesirable Habits and Traits of Character.  Action to separate an individual was to be taken when, in the judgment of the commander, it was clearly established that rehabilitation was impractical or was unlikely to produce a satisfactory soldier.  When separation for undesirability was warranted, an undesirable discharge was normally issued.  Paragraph 4 of that regulation, By whom final action taken and discharge ordered, states that “Commanding officers exercising general court-martial jurisdiction will take action and order discharge . . .”

10.  The Manual for Courts-Martial, Section 822, Article 22, states that the following individuals may convene a general courts-martial: (1) the President of the United States (2) the Secretary of Defense (3) the commanding officer of a unified or specified command (4) the Secretary concerned (5) the commanding officer of a Territorial Department, an Army Group, an Army, an Army Corps, a division, or a separate brigade (6) any commanding officer designated by the Secretary concerned or (7) any other commanding officer in any of the armed forces when empowered by the President.

CONCLUSIONS:  

1.  The applicant has not submitted any evidence nor does his file indicate that his undesirable behavior was the result of alcoholism.  One court-martial conviction for an alcohol related offense does not necessarily mean that the individual is an alcoholic.

2.  However, the applicant’s undesirable discharge was not approved by a general court-martial convening authority, as required by Army Regulation 635-208.  The Board views that omission as a material error which negates the validity of his undesirable discharge.

3.  The applicant’s record of misconduct does not support issuing to him a fully honorable discharge.

4.  In view of the foregoing conclusions, 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 showing that the individual concerned was separated from the Army with a General Discharge Certificate on 21 May 1958, under the provisions of Army Regulation 635-208, Undesirable Habits and Traits of Character.

2.  That the Department of the Army issue to the individual concerned a General Discharge Certificate from the Army of the United States, dated 21 May 1958, in lieu of the undesirable discharge of the same date now held by him.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON