| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Elzey J. Arledge, Jr. | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That his dishonorable discharge be upgraded to honorable.
APPLICANT STATES: In effect, that he "was left in Frankfurt, Germany" and taken prisoner. He states he was a prisoner in "Monte Casino in Italy for 10 days" but escaped and returned to his unit. The applicant notes that he fought until the war was over, was a "T.Sgt" and was awarded the Combat Infantryman Badge, the European-African-Middle Eastern Campaign Ribbon with bronze service stars, a Silver Star, POW Medal, and a Good Conduct Medal. He states that he is now in need of medical assistance and indebted to a local hospital. He states that his financial situation is "bleak and getting worse." In support of his request he submits his self-authored statement.
EVIDENCE OF RECORD: The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed entirely from his court-martial record.
The applicant was inducted at Fort Bliss, Texas in October 1942. In May 1946, at the age of 24, the applicant was convicted by a general court-martial of being AWOL (absent without leave) from 1 October 1945 to 2 April 1946. He arrived overseas in November 1943. The applicant was a member of an infantry unit located in Tarvisio, Italy when he was reported as AWOL. He was subsequently "apprehended about 300 miles" from his unit, "in the Province of Brescia, where he had been living almost continuously" during his period of absence. During his absence he married an Italian national.
During the applicant's court-martial he did not call any witnesses and "Evidence for the Defense" notes that he had "earned the Good Conduct Medal, three Battle Stars, the Bronze Star and the Combat Infantryman's Badge." It also noted that the applicant "was slightly wounded on four occasions but never reported his wounds because he did not wish to leave his company."
His sentence included a dishonorable discharge, total forfeitures, and five years confinement.
In November 1946 2 years of the applicant's confinement was remitted. His dishonorable discharged was effective 21 November 1946.
Army Regulation 635-200, which currently establishes the policies and provisions for the separation of enlisted soldiers, states that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.
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 applicant's discharge was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.
2. While the Board has taken cognizance of the applicant’s service during World War II, and current need for medical and financial assistance, none of these factors, either individually or in sum, warrant the relief requested.
3. The applicant has presented no evidence that there were any mitigating factors that would excuse, or justify, his more than 6 months of lost time, in an overseas theater of operations.
4. 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 that requirement.
5. The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.
6. 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
__MKP__ __EJA _ __RTD__ DENY APPLICATION
| CASE ID | AR2001065699 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020411 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 105.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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