| Mr. Loren G. Harrell | Director | |
| Mr. Gerald E. Vandenberg | Analyst |
| Mr. James E. Vick | Chairperson | |
| Mr. Margaret K. Patterson | Member | |
| Mr. John K. Kern | Member |
2. The applicant requests reconsideration of the Board's previous denial of his request to upgrade his bad conduct discharge (BCD).
3. The applicant states, in effect, that he knows that he was wrong in going AWOL but requests the Board to consider that his new born son was critically ill with severe anemia and in need of blood transfusions. He avers that the doctors indicated his blood was most appropriate donor and that both his request for emergency leave and a hardship discharge were denied. The applicant requests forgiveness and that compassion be afforded him. He believes that he has repaid society for his wrong doings.
4. The majority of the applicant’s records appear to have been either lost or destroyed. The below summation of evidence is taken from limited available records and the Board’s 9 October 1957 Memorandum of Consideration.
5. The applicant’s records show that he served in the U.S. Marine Corps from 24 January 1946 to 22 August 1946 when he was honorably discharged as a minor. He enlisted in the Army, serving 1 February 1949 to 23 February 1950 on active duty, 24 February to 12 March 1950 in the reserves and reenlisted in the Regular Army on 13 March 1950. He served with the occupation forces in Japan from 19 July to 6 September 1950 and had combat service in Korea from 7 September 1950 to 16 July 1951. He was awarded the World War II Victory Medal, the Army of the Occupation Medal with Japan clasp, the Korean Service Medal with three bronze service stars, the Republic of Korea Presidential Unit Citation and the Combat Infantryman’s Badge (CIB).
6. Following his service in Korea, the applicant was assigned to Camp Kilmer, New Jersey. During this time he married and had a son who developed medical problems. The applicant submitted a request for a hardship discharge in September 1952 to be with his family in Texas which was denied. In January 1953 he was notified by the Red Cross of a reoccurrence of his son’s severe anemia and he went AWOL on 13 January 1953. The applicant returned to military control on 2 January 1954.
7. On 26 February 1954 before a general court-martial (GCM), the applicant plead not guilty to a charge of desertion but guilty to AWOL. The GCM found him guilty of AWOL and the approved sentence consisted of reduction to E-1, total forfeiture of all pay and benefits, confinement at hard labor for one year and a Bad Conduct Discharge (BCD). The applicant was released on parole on 2 September 1954 and the BCD was executed on 2 September 1954.
8. . Army Regulation 635-206, then in effect, provided, in pertinent part, that an enlisted member who had deserted or committed an AWOL offense of more than one year, could be separated administratively if they were afforded a board of officers and the associated rights of that procedure.
CONCLUSIONS:
1. The commission of a period of AWOL is a serious offence at any time and even more so during a period of hostilities. The actions of the general court-martial and the prior Board’s decision were proper at the time they were rendered.
2. However, the evidence of record does reveal that the applicant did attempt to resolve his conflicts between his obligations to the Army and his concern for the family medical problems prior to going AWOL. His command had the authority to administratively discharge the applicant without having to refer his case to a general-martial. Further in consideration of all the circumstances of the case including the applicant’s prior honorable service and his combat tour for which he was awarded the CIB, the Board believes that the trial by court-martial and the resultant BCD appears to be unduly harsh. It would be in the interest of justice to afford the applicant relief.
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 showing that the individual concerned was separated from the service on 2 September 1954 with a general under honorable conditions discharge.
2. That the individual concerned be issued a General Discharge Certificate from the United States Army, dated 2 September 1954, denoting a General Discharge in lieu of the Bad Conduct Discharge now held by him
3. That the individual concerned be issued a new DD Form 214 reflecting the aforementioned corrections.
4. That so much of the application as is in excess of the foregoing be denied
BOARD VOTE:
___JHK_ ________ ___JEV__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ __MKP__ DENY APPLICATION
______________________
CHAIRPERSON
| CASE ID | AC57-08212 AR1998013780 |
| SUFFIX | A |
| RECON | YYYYMMDD |
| DATE BOARDED | 19980127 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | Grant |
| REVIEW AUTHORITY | |
| ISSUES 1. | 105.06 |
| 2. | A93.08 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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