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Decision Text

ARMY | BCMR | CY1997 | 9711494
Original file (9711494.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his dishonorable discharge be upgraded to an honorable or at least general discharge.
APPLICANT STATES : He had been suffering from post traumatic stress disorder (PTSD) ever since he witnessed his close friend commit suicide. He was assigned an inexperienced officer as a defense counsel at his general court-martial. As a result, neither the court nor his counsel suspected he was suffering mental problems and he was never examined by a psychiatrist or psychologist. Through the intervention of a psychologist at the U. S. Disciplinary Barracks, he was restored to active duty. He was honorably discharged, reenlisted in the U. S. Army Air Corps/Air Force, where he received two honorable discharges and obtained the rank of Staff Sergeant. The VA discovered his PTSD in 1996.

 EVIDENCE OF RECORD : The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the record of his trial by court-martial and other sources.

He was born on 21 December 1922. He enlisted in the Army on 5 February 1941 and was assigned to Schofield Barracks, HI, 21 st Infantry Regimental Band.

A monthly roster for the 21 st Infantry Band shows the applicant and his friend were both assigned to that unit at least until 3 June 1941, when the applicant was reassigned.

An informal investigation prior to the applicant’s general court-martial revealed that on 18 December 1942, the applicant was convicted by a special court-martial of taking a government vehicle and wrongfully applying it to his own use. He was sentenced to confinement in the Schofield Barracks stockade. Several soldiers made statements attesting to his character (“an entirely different man,” “very self confident and aggressive in his actions”) after his release from confinement.

A hospital admission card shows the applicant’s friend did commit suicide, by a rifle bullet to the head, in April 1943.

On 7 April 1944, the applicant was convicted by a general-court martial of robbery. He was sentenced to a dishonorable discharge, to forfeit all pay and allowances and to confinement at hard labor for 5 years.

On 16 May 1944, the U.S. Army Board of Review affirmed the sentence.
His final payment worksheet shows he received an honorable discharge on 1 June 1946 under the provisions of Army Regulation 615-365, Enlisted Men, Discharge, Convenience of the Government.

Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

 DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1. 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.

2. 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 characterizes the misconduct for which the applicant was convicted.


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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