| Mr. Loren G. Harrell | Director | |
| Ms. Deborah L. Brantley | Analyst |
| Mr. James E. Vick | Chairperson | |
| Mr. John N. Slone | Member | |
| Mr. Raymond V. O’Connor, Jr. | Member |
APPLICANT REQUESTS: In effect, that his dishonorable discharge be upgraded to honorable. (Note: In the interest of time the applicant’s DD Form 293 was accepted in lieu of a DD Form 149.)
APPLICANT STATES: His “seven months in the stockade” was “the only time [he] was in bad trouble” during his military service. In support of his request he submits two statements attesting to his good character. One of the individuals notes that “at this point in his life I feel he deserves help with his medical bills from the government.”
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty on 30 July 1952 and was discharged for the purpose of immediate reenlistment on 12 September 1954.
On 25 October 1954, while driving a truck in a convoy in Japan, the applicant struck and killed a Japanese national. The applicant failed to stop following the accident. Just prior to his 31 March 1955 court-martial for the accident the applicant, on 10 March 1955, was discovered with coffee which he had stolen from a ration warehouse; the court-martial charges were amended.
On 31 March 1955, in consonant with his plea, he was convicted by a general court-martial of wrongfully leaving the scene of an accident and larceny of government property. His sentence included dishonorable discharge, total forfeiture, and confinement at hard labor for 18 months. The confinement portion of the sentence was reduced by the convening authority to 6 months as part of a plea agreement.
On 24 September 1955, following his release from confinement, the dishonorable discharge was executed.
In 1959 the Army Board for Correction of Military Records denied the applicant’s petition to upgrade his discharge. His request, at that time, was based on his desire to obtain an honorable discharge in order to reenlist.
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. While the applicant’s conduct in the years since his discharge may have been without incident, his conviction and sentence by a general court-martial as a result of the vehicle accident which killed a foreign national was appropriate.
2. The sentence was neither in error or unjust considering the seriousness of the charge.
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 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
__jev______ __jns___ _rvo____ DENY APPLICATION
Loren G. Harrell
Director
| CASE ID | AC |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | YYYYMMDD |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (NC, GRANT , DENY, GRANT PLUS) |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
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