Search Decisions

Decision Text

ARMY | BCMR | CY1996 | 9608200C070209
Original file (9608200C070209.txt) Auto-classification: Approved
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

Similar Decisions

  • ARMY | BCMR | CY2001 | 2001058963C070421

    Original file (2001058963C070421.rtf) Auto-classification: Approved

    The applicant states, through counsel, that he and three fellow soldiers were convicted by a general court-martial on 28 March 1948. The applicant's counsel states that this Board has the authority to set aside court-martial convictions under the old Articles of War (convictions prior to 5 May 1950). All four soldiers were tried together by a General Court-Martial.

  • ARMY | BCMR | CY2003 | 2003087643C070212

    Original file (2003087643C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant was released from confinement and returned to duty on 27 April 1946, went AWOL on 20 May 1946 from Camp Atterbury and returned on 6 November 1946. On 31 July 2002 the National Personnel Records Center prepared a Certification of Military Service showing that the applicant was a member of the Regular Army from 10 July 1941 until 3 January 1946 and that he was...

  • ARMY | BCMR | CY1996 | 9605314C070209

    Original file (9605314C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: That his general court-martial conviction be set aside and that his bad conduct discharge (BCD) be upgraded to honorable or, in effect, general. On 7 January 1970, the rehearing was conducted and the applicant was sentenced to confinement at hard labor for 1 year and a BCD. The applicant has not demonstrated, and the record does not support, that he had a substance abuse or mental illness problem.

  • ARMY | BCMR | CY2006 | 20060015000C071029

    Original file (20060015000C071029.doc) Auto-classification: Approved

    The IG report noted that prior to the riot there had been minor altercations in the post exchange between “Negroes” and Italians, and even between Italians and white American Soldiers. During the IG investigation, one of the Italian witnesses, Mag___, was asked about a “Negro” MP. The lead defense counsel had 9 days from service of the charges on the applicant and on 42 other accused to prepare for trial.

  • ARMY | BCMR | CY2004 | 2004100396C070208

    Original file (2004100396C070208.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 August 2004 DOCKET NUMBER: AR2004100396 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Records show that remission of the sentence of the General Court-Martial resulted in a discharge date effective on or about 8 May 1965. Conviction and discharge were effected in accordance with applicable law and...

  • NAVY | BCNR | CY2009 | 04096-09

    Original file (04096-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval - record, the burden is on the applicant to demonstrate the existence of probable...

  • ARMY | BCMR | CY2002 | 2002076664C070215

    Original file (2002076664C070215.rtf) Auto-classification: Approved

    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. The applicant’s contentions regarding his discharge have been noted by the Board. In view of the foregoing, the applicant’s records should be corrected as recommended below.

  • ARMY | BCMR | CY2008 | 20080014508

    Original file (20080014508.txt) Auto-classification: Approved

    The IG report noted that, previous to the riot, there had been minor altercations in the post exchange between “Negroes” and Italians, and even between Italians and white American Soldiers. The IG report noted that none of the MPs who quelled the riot could or would identify a single “Negro” as having participated in the riot although they were in a fully-lighted orderly room for from 15 to 30 minutes with a large number of the rioters. The FSM's records should be corrected to restore to...

  • ARMY | BCMR | CY2007 | 20070002462C071029

    Original file (20070002462C071029.doc) Auto-classification: Approved

    The IG report noted that prior to the riot there had been minor altercations in the post exchange between “Negroes” and Italians, and even between Italians and white American Soldiers. Witness Antonio P___, an Italian soldier, testified that he was in barracks 709 when the American Soldiers attacked. He testified the FSM took a few down [to the Italian area].

  • ARMY | BCMR | CY1995 | 9509696C070209

    Original file (9509696C070209.TXT) Auto-classification: Denied

    When he was honorably discharged on 11 February 1946 in order to reenlist, the record showed that, from 1939 to 1946, a period of 6 years, 4 months, and 15 days, the applicant had 2 years, 6 months, and 4 days of lost time under Article of War 107 due to AWOL, desertion, and confinement. He was tried and convicted by a general court-martial in 1940 and sentenced to confinement and a DD. His final AWOL in October 1951 appears to have been a genuine desertion as he had forsaken his military...