PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 January 2002
         DOCKET NUMBER: AR2001059570


         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.

Mr. Carl W. S. Chun		Director
Mr. Paul A. Petty		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Hubert O. Fry, Jr.		Member
Mr. Donald P. Hupman, Jr.		Member

         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.

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2. The applicant requests, in effect, that his discharge be upgraded to an honorable discharge based on his post service conduct.

3. The applicant states, in effect, that he was a black soldier who, during World War II, was Absent Without Leave (AWOL) to: avoid race riots at military installations; because of ill treatment by white officers and sergeants; he was shot at by white soldiers, felt his life was in danger, and this incident was not investigated; and he was not paid and had to obtain loans to help his family.
He further states that he was discharged for AWOL but not for drugs. He never mentioned that he had a drug problem or talked to a psychiatrist. He never took drugs in his life.

4. The applicant provides letters of referral: 1) A doctor states that the applicant is reliable in keeping his appointments and taking his medications and treatments; and is pleasant to deal with. 2) An acquaintance states that the applicant is an outstanding businessman and leader who contributes time and money to make the community better; he is a hard working person and a man of integrity, dependability and honesty. 3) A pastor of a church and executive director of a land development corporation states that the applicant is a member of his church and that he is a man of passion and concern for the welfare of others. As the president of a real estate company, the applicant has been a resource to people who would have been excluded from other rental properties. He helps those less fortunate than himself. 4) A leader in an Elks Lodge states that the applicant has been a member of the Elks for 57 years. The applicant is loyal, compassionate, and generous. He works well with youth and has been a pleasant person with which to work. 5) A pastor of a church and director of a homeless resource center states that he admires the applicant’s compassion and generosity in helping indigent individuals, social services, human resource agencies, and local and state officials. The applicant has demonstrated character, charisma, professionalism, and integrity.

5. The applicant’s military records, which include a Service Record (WDAGO Form 24 – World War II Military Personnel Record Jacket) and numerous original documents, show that he was inducted into the Army on 10 June 1942, at Fort Devens, Massachusetts, at 24 years of age. On 21 June 1942, he was reassigned to Fort Lee, Virginia, in a Quartermaster Training Regiment. He was AWOL for one day on 3 August 1942. On 4 August 1942, he was classified in a mechanic military specialty. On 19 August 1942, he was reassigned to Fort Dix, New Jersey. From this date on, he had 7 AWOLs and 3 confinements as listed on the following page.





         Lost Time Dates                             Event                              

24 October 1942 - 3 November 1942        AWOL 11 days.
         18 December 1942 – 7 March 1943          AWOL 80 days. Declared a
deserter on 10 January 1943.
Surrendered himself on
8 March 1943 at Fort Dix.
         19 March 1943 – 21 March 1943             AWOL 3 days, apprehended.
         27 March 1943 – 28 March 1943             AWOL 2 days, surrendered,
         9 April 1943 -                              Escaped from military prison.
         30 April 1943 – 24 May 1943               AWOL 25 days. Given a
Summary Court Martial,
sentenced to 20 days
confinement and
forfeiture of $15.
         25 May 1943 – 30 June 1943                Confinement 37 days at
Fort Meade, Maryland.
         5 July 1943 – 26 July 1943                         AWOL from military prison for
22 Days.
         27 July 1943 – 30 July 1943               Confinement 4 days at
                                                               Camp Reynolds, Pennsylvania.
         23 August 1943 – 26 September 1943       AWOL for 35 days, apprehended.
         27 September 1943 – 13 January 1944      Confinement 109 days at
                                                               Camp Edwards, Massachusetts.
        
(Note: A commander’s investigation on 11 January 1943, when the applicant was declared a deserter, stated that no extenuating circumstances or any reason was found to account for the applicant’s unauthorized absence.)

6. The applicant’s record contains medical records to include a Medical Department Form 52a (Medical Record) with entries by three different doctors as follows:

18 October 1943 – nervousness, “marihuana”(marijuana) addiction.
Recommend N. P. (neuropsychological) consult.
Rx (prescription) phinobarb. GJM

20 October 1943 – nervousness. No treatment. GJM

4 November 1943 – dope addict. Placebos MgSO4. JJR

5 November 1943 – patient states he has been getting dope. No Rx.



10 November 1943 – same. Rx codine sulfate. JJR

18 November 1943 – same. Rx codine sulfate. JJR

20 November 1943 – Recheck on N. P. (neuropsychological) – Urgent.

22 November 1943 – placebo #2. CED

7. A neuropsychological consult certificate issued by a doctor on 3 January 1944 states, “I examined (the applicant), now in ECPC (East Cost Processing Center), SCSU (Service Command Service Unit) 1139, Camp Edwards, Massachusetts, on 3 January 1944, and found him unfit for further military service because of: Diagnosis: Constitutional psychopathic state, drug addiction. LOD No (Line of Duty – No). EPTI (Existed Prior to Induction). (Added are the typed words – “marihuana, cocaine & heroine.”) “This condition is manifested by the use of to (too) much “Marihuana.” Gets frequent headaches and contents craving for these drugs. .…This condition is so pronounced and unmodifiable that he is unfit for any service in the Army. Recommendations: That (the applicant) be separated from the military service under the appropriate section of AR 615-360.” This certificate is signed by a Medical Corps captain, psychiatrist, initials ELW.

8. In the applicant’s record, a WDAGO Form 38 (Record of Physical Exam), dated 10 (the part of the form on which the month would be is burned but it is assumed that the month is January) 1944, written at Camp Edwards, Massachusetts, shows, “Nervous system - Constitutional psychopathic state, drug addiction.” The examining doctor certified, “In my opinion the defect, injury or disease was not incurred in the line of duty in the military service of the United States. Remarks: Fails to meet minimum requirements under MR (Medical Regulation) 1-9. LOD No. EPTI.” The exam is signed by a Medical Corps major, initials SSG.

9. On 12 January 1944, the applicant’s commander recommended discharge under Section VII, AR 615-360, because of desertion and physical unfitness. This was based on his medical records and his record of AWOLs and desertion. The recommendation was approved on 12 January 1944. The applicant was so discharged on 14 January 1944, as a Private. During his 19 months of service, he had a total of 329 days lost time due to 179 days of AWOL and desertion and 150 days of confinement. He was provided a WDAGO Form 53, Report of Separation, showing the cause of separation as “Discharge Sec VII Desertion”, type of discharge as “Other” as distinguished from the other choices of honorable and dishonorable, and character at separation as “Poor.” Entry under item 39 shows, “Constitutional psychopathic state, drug addition. Marihuana, cocaine, & heroine. LOD NO EPTI.” He was also issued a WDAGO Form 56 (Discharge from the Army of the United States (blue)), a “Blue” discharge, a copy of which is not now in his file.
10. Finance records in the applicant’s military records show that he was paid regularly, that he had allotments made from his pay, and that he forfeited pay due to his frequent AWOLs.

11. On 23 May 1946, the applicant applied to the Secretary of War’s Discharge Review Board (SWDRB) for upgrade of his discharge to honorable based on post service conduct and based on the extenuating circumstances that he went AWOL because of race riots at military installations where he was stationed. The applicant was afforded the opportunity to appear before the Board but he did not attend. He was represented before the Board by a Disabled American Veterans counsel. On 25 February 1947, after reviewing the record and testimony, the SWDRB denied the request for discharge upgrade having determined that the applicant had been properly discharged by reason of desertion and physical unfitness under the provisions of section VII, Army Regulation 615-360, in effect at the time.

12. On 1 April 1999, 12 November 1999, and 13 December 1999, respectively, the applicant applied to the National Personnel Records Center (NPRC) for a copy of his Report of Separation. On 14 May 1999, 13 December 1999, and
31 May 2000, the NPRC provided that applicant with a National Archives Form 13038 (Certification of Military Service) showing incorrectly that the applicant’s service had been terminated by an “Other than Honorable Discharge.”

13. Army Regulation (AR) 615-360 (Enlisted Man Discharge: Release from Active Duty, dated 26 November 1942, with changes 1-4), in effect at the time, section VII, paragraph 49, provided authority for separation “because of desertion and physical unfitness, after return to military control, of a deserter who is found physically unfit for service.” The term “physical unfitness” as used in this paragraph includes cases of “constitutional psychopathy that obviously cannot be adapted to military service.” The “Discharge from the Army of the United States (blue) (WDAGO Form 56) will be used for all discharges under paragraph 49.”

14. The WDAGO Form 56 (Discharge form the Army of the United States (blue)), called the “Blue Discharge”, was used between 1925 and 1947. The “Blue” title came from the fact that it was printed on blue paper. It was called simply “Discharge” as distinguished from the other discharges at that time, the Honorable Discharge and the Dishonorable Discharge. The “Blue Discharge” was not characterized, in the current use of that term, in that it was not stated to be either honorable or dishonorable. The “Blue” Discharge was issued to individuals whose service was not dishonorable but who were not entitled to a “testimonial of honest and faithful service” as indicated by an honorable discharge. The “Blue Discharge” was given to enlisted members for a variety of reasons to include minority (under age), fraudulent enlistment or induction,


inaptness, lack of adaptability for military service, habits or traits of character rendering retention in the service not desirable; physically disqualified for service, “desertion and physical unfitness,” civil confinement, and disability not in the line of duty.

15. Army Regulation 345-470 (Military Records, Discharge Certificate), 10 May 1934, with changes 1-4, in effect at the time, stated that discharge certificates will show the reason for discharge. It will also show his character as a soldier and as a man in one of the following terms: Excellent, Very Good, Good, Fair, or Poor. For the “Blue Discharge” the choice was limited to Fair or Poor. However, with the 27 July 1943 change 5 to this regulation, any term below “Good” was not entered on the discharge certificate.

CONCLUSIONS:

1. The applicant was discharged with a “Blue Discharge” that was neither dishonorable or honorable. Under regulations in effect at the time, the “Blue Discharge” was not characterized, in the current use of that term, to be either “Under Honorable Conditions” or “Under Other Than Honorable Conditions.”
At that time, there was no effort to make such a distinction. The “Blue Discharge” was simply a “Discharge” without characterization. It is incorrect to now label the applicant’s discharge as “Under Other Than Honorable Conditions.” As such, the
NA Forms 13038 (Certification of Military Service) now in the applicant’s military record, issued by NPRC, stating that applicant’s service was terminated by “Under Other Than Honorable Conditions”, are in error and should be removed from his record. The characterization of an “Under Other Than Honorable Conditions” discharge is a degradation of the “Blue Discharge” that he was issued at the time of discharge under regulations and policy that existed at that time. The applicant should be issued a Certificate of Military Service showing that his service was terminated by: “Discharge from the Army of the United States (blue), by reason of AR 615-360, Section VII, Desertion and Physical Unfitness.”

2. During the 19 months that the applicant was enlisted in the Army, which was during the time of war, he was AWOL for 179 days and in confinement due to these AWOLs for 150 days, a total of 11 months lost time. He was declared a deserter, was reported escaped from military prison, and was apprehended on several occasions. An investigation was conducted at the time that he was declared a deserter and it was found that there were no extenuating circumstances that contributed to his absence. The 1947 Discharge Review Board examined the applicant’s record, evidence, and testimony, and likewise found no substantiated extenuating circumstances for his absences or any reason to change his “Blue” discharge. His medical records show that he had a


self induced drug addiction that was determined to be a physically unfitting, constitutional psychopathic state. The applicant now applies to compensate for this record of military service by his post service conduct as described in letters of referral which he has provided. While his letters of referral show that he is a good citizen, for which he is commended, this post service conduct is not sufficient to compensate for his record of service during time of war to justify an upgrade of his discharge.

3. There was no evidence that the applicant was not paid. There is ample record of pay and allotments provide for the applicant. It was noted that he lost pay due to forfeiture, confinement, and reimbursement for travel as a consequence of his AWOLs.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected for the individual concerned by:

         a. removing from his record any reference or form that shows that he was given a “Under Other Than Honorable Conditions” discharge;

         b. issuing him a Certificate of Military Service that shows that his service was terminated by: “Discharge from the Army of the United States (blue), by reason of AR 615-360, Section VII, Desertion and Physical Unfitness.”; and

         c. providing him a copy of his WDAGO Form 53 (Report of Separation) from his record.

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

BOARD VOTE:

__inw___ _hfo___ _dph____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                           Irene N. Wheelwright
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001059570
SUFFIX
RECON
DATE BOARDED	20020115
TYPE OF DISCHARGE	BLUE
DATE OF DISCHARGE	19440114
DISCHARGE AUTHORITY	AR 615-360
DISCHARGE REASON	Desertion and Physical Unfitness
BOARD DECISION	GRANT PART
REVIEW AUTHORITY
ISSUES 1.	144 – Administrative Discharge
2.
3.
4.
5.
6.