APPLICANT REQUESTS: That his dishonorable discharge be upgraded.
APPLICANT STATES: That he was 17 years old when he entered the Army and was sent to Germany. He had never been away from home before and while in Germany, he began receiving letters from his mother that she and his father had divorced and his mother, who was in poor health, was solely responsible for raising the 3 children remaining at home. She had no income other than welfare so it was up to him to support his family on a privates pay and he was not able to do it. He also states that he has been in no trouble since he was discharged from the military. In support of his request, he has provided numerous letters attesting to his good character and citizenship.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the record of his trial by court-martial and from reconstructed personnel records.
He enlisted in the Regular Army for 3 years on 5 April 1954, two weeks after his 17th birthday. His aptitude area score was 67 (which placed him in mental group IV of five groups) and he completed the 6th grade in school. After training as a gun crew member, he was sent to Germany in December 1954.
On 12 April 1955 the applicant plead not guilty before a general court-martial to charges of larceny of a wrist watch of a value of $17.50 and unlawful entry of the Post Exchange (PX). He was found guilty of both charges and sentenced to a dishonorable discharge, 3 years confinement at hard labor and a total forfeiture of pay and allowances. (The maximum sentence for his offenses was a dishonorable discharge, 5 years and 6 months confinement at hard labor and total forfeiture of pay and allowances.) It appears that he served approximately one-half of his sentence to confinement before being discharged on or about 22 June 1956.
The record reflects one other disciplinary action, nonjudicial punishment under the provisions of Article 15, UCMJ, for 32 days AWOL during his service.
The Army Board of Review upheld the findings and sentence in his case.
The circumstances of his offenses were that he was detailed to guard the PX as a member of a guard force and sometime during his detail he broke into the PX and stole a watch. Investigation determined that there were other expensive items in the PX at the time (cameras, radios, etc) but he took only the watch. When confronted about the crime, he admitted guilt and cooperated in the investigation.
Prior to his court-martial he underwent a psychiatric evaluation. No disease was found to indicate that he could not distinguish right from wrong and participate in his own defense. However, the psychiatrist noted that he suffered from an inadequate personality disorder, manifested by an extremely low socio-cultural level, marked diminution in intellectual activity and general ineptitude in solving even the slightest problems. It was noted further, that he was functioning on an extremely low intellectual level, possibly to the point of mental deficiency and should be evaluated further to determine whether he was suitable for continued military service.
An FBI report received by the Board in conjunction with the processing of this application shows the applicant was arrested in 1959 and again on 4 January 1979 on an auto theft warrant. It shows no arrests since 1979. (The applicant may obtain a copy of this FBI report by writing to the Board and requesting same.)
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. Trial by court-martial was warranted by the gravity of the offenses charged. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
2. Careful consideration has been given to the applicant's service prior to his court-martial. However, the offense in question is too serious, and his prior service is too undistinguished, for equitable relief to be appropriate.
3. The applicant was charged with guarding the PX. When he himself broke into the PX and committed larceny therein, he betrayed the trust that had been placed in him, thus aggravating his crime. The Board notes his contention of good post-service conduct; however, his record as compiled by the FBI indicates arrests since his separation from military service.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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