APPLICANT REQUESTS: That the former service members (FSM) dishonorable discharge be upgraded.
APPLICANT STATES: That she is the daughter of the FSM who died in 1972. She contends that his dishonorable discharge was racially motivated, and his civil and constitutional rights were violated and his court-martial was unjust and unfair. As a result of his conviction he was stripped of all of his benefits such as mustering out pay and travel pay, as well as his pride and dignity which led to his alcoholism and death. She asks that the Board reconsider his discharge with a view toward upgrading it and reinstate all pay due him.
EVIDENCE OF RECORD: The FSMs military records show:
He was inducted on 28 September 1943 and served 11 months and 27 days in the European Theater of Operations as a light truck driver. The highest grade he held was Technician 5th grade (equivalent to corporal). He was dishonorably discharged pursuant to the sentence of a general court-martial on 16 December 1946. His awards include the European-African-Middle Eastern Campaign Medal and the World War II Victory Medal.
The evidence of record shows that on 13 December 1945 the FSM and several other colored soldiers were playing cards in the barracks at Camp Campbell, Kentucky when a fight broke out. During the fight, the FSM hit another soldier in the head with a beer bottle. While that soldiers injury was being attended to in the latrine the FSM entered and stabbed him several times with a knife. The victim, the FSM and another soldier were present at the time the stabbing took place. The FSM also admitted that he had stabbed the soldier.
On 31 December 1945 he plead not guilty before a general court-martial to violation of the 93rd Article of War, assault with intent to do bodily harm with a dangerous weapon. The FSM, after having his rights explained, elected to remain silent He was found guilty and sentenced to a total forfeiture of pay, confinement at hard labor for 3 years and a dishonorable discharge.
After completing 2 and one-half years of confinement his sentence was remitted to time served and he was dishonorably discharged.
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 offense charged. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterized the misconduct of which the FSM was convicted.
2. The applicant makes serious allegations regarding violation of the FSMs rights during his court-martial and contends that the proceedings were unjust, unfair and racially motivated. However, the allegations are not supported by the evidence of record.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there appears to be no basis for granting the applicants 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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