| Mr. | Luther L. Santiful | Chairperson | |
| Mr. | George D. Paxson | Member | |
| Ms. | Celia L. Adolphi | Member |
| Mr. | Loren G. Harrell | Director | |
| Mr. | Joseph A. Adriance | Analyst |
APPLICANT REQUESTS: In effect, that his dishonorable discharge (DD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that the Army tried to make an example out of him; and that he hit a guy (simple assault) on the way home from combat because he was glad to be alive.
EVIDENCE OF RECORD: The applicant's military records show:
On 11 February 1941 the applicant was inducted into the Army of the United States at the age of 19. He successfully completed basic training at Camp Robinson, Arkansas.
The applicant’s record indicates that he had served 40 months of his service overseas, first in Alaska and then France. He served as an infantryman and had earned 96 points toward completion of his commitment when the incident for which he was court-martialed and ultimately discharged occurred. The applicant had earned the American Defense Asiatic Pacific Ribbon/with 2 bronze battle stars; and the Combat Infantryman Badge. However, his record also contains an extensive history of disciplinary infractions which include a trial by summary court-martial; two trials by special court-martial; and two trials by general court-martial.
On 24 November 1941 the applicant was tried by summary court-martial for being disorderly in a public place for which he was found guilty and sentenced to forfeit $19.00.
On 27 April 1942 the applicant was tried by general court-martial for striking a noncommissioned officer (NCO); he was found guilty and was sentenced to
4 months confinement at hard labor (served 2 months and 25 days), and to forfeit $25.00 per month for 4 months.
On 11 May 1943 the applicant was tried by special court-martial for assaulting another soldier and for being disrespectful in language toward an NCO in the execution of his duties. His sentence for these offenses was to be confined at hard labor for 6 months (served 4 months and 5 days), and to forfeit $25.00 per month for 6 months.
On 27 June 1944 the applicant was tried by special court-martial for being AWOL from 12 to 14 June 1944. He was found guilty and sentenced to be confined at hard labor for 6 months (served 16 days), and to forfeit $34.00 per month for
6 months.
On 27 September 1945 the applicant was tried by general court-martial for four specifications of violations of the 93rd and 96th Articles of War for assaulting a local national; wrongfully damaging a bicycle; wrongfully damaging a clock and telephone, and wrongfully striking a local national. The applicant was found guilty of all charges and specifications, except damaging a clock and telephone, and sentenced to be dishonorably discharged; to forfeit all pay and allowances; and to be confined at hard labor for 1 year.
The court-martial was promulgated and the sentence approved in General
Court-Martial Order Number 484, Headquarters, OISE Intermediate Section, Theater Service Forces, European Theater, APO 513, dated 16 October 1945. The portion of the sentence concerning dishonorable discharge was suspended until completion of confinement and the Delta Disciplinary Training Center, Les Milles, Bouches du Rhone, France was designated as the place of confinement.
On 18 June 1946 a classification summary board met, at the Eastern Branch, Unites States Disciplinary Barracks at Green Haven, New York, to consider the applicant for restoration to duty; however, their decision was that the applicant not be restored to duty. Special Order Number 181, Headquarters, Eastern Branch, Unites States Disciplinary Barracks, Green Haven, New York, dated
24 July 1946, ordered the applicant be dishonorably discharged, under the provisions of his sentence, based on the completion of his confinement.
Accordingly, on 26 July 1946 the applicant was issued a dishonorable discharge after completing 5 years, 5 months, and 15 days of active military service and accruing 499 days of time lost due to AWOL and confinement.
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. The evidence of record and the independent evidence submitted by the applicant does not support his contention that the Army was trying to make an example of him. The evidence of record supports that the applicant had an extensive history of disciplinary problems and continually failed to respond to remedial measures. 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. Title 10, United States Code, section 1552, as amended does not permit any redress by this Board which would disturb the finality of a court-martial conviction.
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
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
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