PROCEEDINGS


	IN THE CASE OF:  
	 

	BOARD DATE:           28 October 1998
	DOCKET NUMBER:   AC97-07921


	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.  



	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his undesirable discharge be upgraded to honorable.

3.  He states that he had become alcoholic after his 33 months of confinement as a Prisoner of War (POW).  His alcoholic behavior was the basis for his undesirable discharge.  After his discharge, in 1967 he went to a VA hospital for his alcoholism and has been sober ever since.  He has now raised 8 children.

4.  His military records show that he enlisted in the Regular Army on 7 February 1950, was promoted to corporal, was awarded the military occupational specialty of infantryman, and served in Korea during the Korean War.  

5.  While in combat, he was wounded in his shoulder by shrapnel from an enemy mortar and was captured by the North Korean Army on 28 November 1950.  He remained a POW until 25 August 1953.

6.  He immediately reenlisted on 3 May 1955 while in Korea.  He then developed malaria and was transferred back to the United States.

7.  On 29 July 1958 the applicant’s commander recommended that a board of officers be convened to determine whether the applicant should be separated for Unsuitability or Unfitness.  The applicant’s commander based his recommendation on the applicant’s two company punishments and his four court-martials, two for AWOL, one for operating a vehicle while intoxicated and making false statements, and one for incapacitating himself for the proper performance of his duties.

8.  On 29 October 1958 a board of officers was convened as requested by the applicant’s commander.  During the hearing all of the applicant’s chain of command testified that the applicant always did a very commendable job during duty hours, that he was hard working, that he never shirked his duties, and that he had no problem with authority figures.  They testified that the while the applicant’s duty performance was excellent, he could not be counted on to report for duty after a pass or leave.  An officer from the applicant’s unit testified “. . . when he goes out on pass [he] gets to drinking and forgets what he is doing or just can’t make it back.  He lacks the moral courage to fight his drinking and come back.  He apparently stays there and runs out of money or out of something to drink and returns.”  None of the documentation which constituted or accompanied the report of proceedings of the board of officers indicated that the applicant had fought in combat, that he had been wounded in combat, or that he had been a POW.

9.  The board of officers recommended that the applicant be issued an Undesirable Discharge Certificate due to Unfitness under the provisions of Army Regulation 635-208.

10  That recommendation was approved and the applicant was issued an Undesirable Discharge Certificate on 12 December 1958.  He had a total of 8 years, 4 months and 9 days of creditable service.

11.  Army Regulation 635-208, then in effect, set forth the policy and procedures for separation of enlisted personnel for Unfitness.  Unfitness included repeated petty offenses/frequent incidents of a discreditable nature with military or civilian authorities, sexual perversion, drug abuse, use of marijuana and an established pattern of dishonorable failure to pay just debts.  Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was impractical or was unlikely to produce a satisfactory soldier.  When separation for Unfitness was warranted an undesirable discharge was normally considered appropriate, but an honorable or general discharge could be issued in exceptional cases.

12.   Army Regulation 600-85, now in effect, sets forth the policy and guidance for the detection, referral and treatment of soldiers who have a drug or alcohol abuse problem.  Paragraph 3-4 of this regulation states that a commander who observes, suspects, or otherwise becomes aware of an individual whose job performance, social conduct, interpersonal relations, physical fitness, or health appears to be adversely affected by alcohol (apparent or suspected), is required to interview the soldier and refer the soldier to Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) screening.  Paragraph 3-6 states that in instances where apparent alcohol abuse is noted while a soldier is receiving medical treatment, the soldier must be referred to ADAPCP by the treating physician. 

CONCLUSIONS:

1.  The applicant’s discharge was executed in accordance with the applicable regulations, in effect at that time.

2.  However, it is apparent that the applicant was alcoholic, and his alcoholic behavior was the basis for his discharge.

3.  Under current standards, the applicant would have been referred for alcoholic counseling and treatment.  If these procedures would have been available when the applicant was in the Army, in all likelihood he would have arrested his alcoholism and would have completed his reenlistment honorably.

4.  As such, the Board considers his Undesirable Discharge too harsh, especially in consideration of his combat service, his wound and his POW status.  However, the reason for his discharge appears to remain appropriate.  Likewise his service cannot be considered fully honorable with his record of court-martials and company punishments.

5.  In view of the foregoing, it would be in the interest of justice to correct the applicant's records 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 Army with a General Discharge Certificate on 12 December 1958, under the provisions of Army Regulation 635-208, Unfitness.

2.  That the Department of the Army issue to the individual concerned a General Discharge Certificate from the Army of the United States, dated 12 December 1958, in lieu of the undesirable discharge of the same date now held by him.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

JHL  CWB  RVO  GRANT AS STATED IN RECOMMENDATION

                            GRANT FORMAL HEARING

                            DENY APPLICATION




			Jo Ann H. Langston
		        CHAIRPERSON