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Decision Text

ARMY | BCMR | CY2001 | 2001061141C070421
Original file (2001061141C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:

        

         BOARD DATE: 11 April 2002
         DOCKET NUMBER: AR2001061141



         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
Ms. P.A. Castle Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Elzey J. Arledge, Jr. Member
Mr. Richard T. Dunbar 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.


2. The applicant requests, in effect, that his general discharge be upgraded to honorable. He states he was a decorated combat veteran and should not have been punished for a minor infraction. He states the infraction was due to an extended leave after returning from Korea.

3. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed records.

4. The applicant enlisted and entered active duty on 2 June 1949, and while assigned to Korea he received a Combat Infantryman Badge, a Purple Heart, and the Korean Service Medal with 5 bronze service stars. He was separated at the expiration of his term of service (ETS) with a general discharge under honorable conditions on 30 September 1952. He had served 3 years, 2 months, and 29 days of total active service and had 30 days lost time.

5. The regulations in effect at the time of the applicant’s separation allowed commanders to direct a general discharge at ETS. However, under today’s standards the Department of Defense Directive 1332.28 (Discharge Review) states that a discharge should be considered proper unless there is an error or change in policy that significantly enhanced the individuals processing rights. Under current policy any soldier discharged due to ETS is granted an honorable discharge.

CONCLUSIONS :

1. The applicant’s rights have been enhanced under the current policy.

2. The Board finds that due to the applicant’s distinguished combat service his discharge should be changed to honorable.

3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.



RECOMMENDATION

: That all of the Department of the Army records related to this case be corrected by voiding the 30 September 1952, general discharge, by providing the individual concerned with a new DD Form 214 showing separation with an honorable discharge due to ETS on the same date and by furnishing the individual concerned with an Honorable Discharge Certificate.

BOARD VOTE :

________ ________ ___
eja __ GRANT AS STATED IN RECOMMENDATION

________ ________ _______ GRANT FORMAL HEARING

_
rtd ____ __ mkp __ _______ DENY APPLICATION




                 
____Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2001061141
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/04/11
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 189 110.0000
2.
3.
4.
5.
6.



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