MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 28 March 2002
         DOCKET NUMBER: AR2002066409

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Lester Echols		Member
Mr. Thomas Lanyi		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That his general discharge be upgraded to honorable.

APPLICANT STATES: That he had an excellent combat record in which he received the Purple Heart, the Combat Medical Badge and attained the rank of staff sergeant. After returning to the United States, he began to exhibit anti-social behavior, overindulged in alcohol, and began periods of repeatedly going absent without leave (AWOL). He goes on to state that he believes he was suffering from Post Traumatic Stress Disorder (PTSD); however, not much was known of that illness at the time and he was not diagnosed as such. He continues by stating that it took him a while to understand himself, but he and his wife of almost 50 years have raised four sons, of which two served in the Navy, and he has retired as an electrician with the Boston Fire Department and has moved to Florida. In support of his application he submits two letters from officials at the Boston Fire Department and a copy of a Transcript of Military Service (DA Form 1569).

EVIDENCE OF RECORD: The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, information obtained from alternate sources show:

He enlisted in Boston, Massachusetts, on 9 October 1950 for a period of 3 years. He completed his training and was transferred to Korea for duty as a corpsman. He was wounded in combat (slight wound to genital area), treated, awarded the Purple Heart and Combat Medical Badge and was returned to his unit. He remained in Korea for 9 months and 25 days when he was transferred for duty at Murphy Army Hospital in Waltham, Massachusetts.

On 2 September 1952, while serving in the rank of sergeant, nonjudicial punishment (NJP) was imposed against him for failure to go to his place of duty. His punishment consisted of restriction for 14 days.

The applicant was convicted by a special court-martial on 18 September 1952, of breaking restriction on 12 September 1952. He was sentenced to a reduction to the rank of corporal and a forfeiture of pay.

On 2 October 1952, NJP was imposed against him for being AWOL from 27 September to 1 October 1952. His punishment consisted of a reduction to the rank of private first class.

On 20 November 1952, NJP was imposed against him for being AWOL from 4 October to 14 October 1952. His punishment consisted of a reduction to the rank of private E-2.

On 14 January 1953, he was convicted by a special court-martial of being AWOL from 22 November 1952 to 5 January 1953. He was sentenced to confinement at hard labor for 4 months and a forfeiture of pay.

He was convicted by a special court-martial on 22 June 1953 of being AWOL from 6 April to 17 June 1953. He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.

On 10 November 1953, NJP was imposed against him for failure to go to his place of duty. His punishment consisted of an official reprimand.

He underwent a neuropsychiatric examination on 6 January 1954, because of his poor duty performance, disciplinary record and contemplation of administrative separation from the service. The examining psychiatrist opined that the applicant understood the difference between right and wrong and had the ability to adhere to the right. He also described the applicant as a sullen man who disliked his assignment and going AWOL was his way of expressing his hostilities. He also indicated that the applicant had been frequently intoxicated, frequently involved in fist fights, was arrested for assault and battery during one period of AWOL and for taking a car without permission on another occasion. He opined that the applicant had an impulsive and immature personality and diagnosed him as having an asocial personality, chronic, severe, manifested by repetitive AWOLs, over indulgence in alcohol and aggressive antisocial behavior. He also indicated that further rehabilitative attempts would be futile and recommended that he be separated from the service for unfitness.

On 8 January 1954, the commander initiated a recommendation to convene a board of officers in order to determine the applicant’s fitness to remain in the service. The applicant elected to be represented by counsel and declined the opportunity to have witnesses appear in his behalf.

After reviewing the evidence presented, the board heard a closing statement presented by the applicant’s counsel in which he requested that the board consider the applicant’s excellent combat record and instead, recommend that he be separated from the service due to unsuitability.

The Board found that the applicant was unfit for further military service and recommended that he be furnished an undesirable discharge. The findings and recommendations were approved by the appropriate authority (a major general) on 11 February 1954.

Accordingly, he was discharged under other than honorable conditions on 1 March 1954, under the provisions of Army Regulation 615-368 for unfitness. He had served 2 years, 2 months and 16 days of total active service and had 456 days of lost time due to AWOL and confinement.
Although not explained in the available records, on 14 January 1982, the Office of the Adjutant General issued a DA Form 1569 indicating that the applicant was awarded the Purple Heart and that he was discharged under honorable conditions.

The supporting letters submitted by the applicant with his application consists of a letter from a Boston fire commissioner and the superintendent of special services, which commend the applicant for his excellent service and the professional manner in which he conducted himself during his 11 years of employment with the city.

Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness. That regulation provided for the discharge of individuals who had demonstrated their unfitness by giving evidence of habits and traits of character manifested by misconduct. An undesirable discharge was normally considered appropriate.

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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2. The type of discharge directed and the reasons therefore were appropriate even given the limited information contained in the available records.

3. The applicant’s contention that he suffered from PTSD has been noted by the Board; however, it is not supported by the evidence submitted with his application or the evidence of record. Although the applicant did have an excellent combat record for almost 10 months, it appears that upon his return from Korea, he simply chose not to conform to basic military discipline or a regimented way of life. Accordingly, his contentions are not sufficiently mitigating when compared to his record of misconduct and extensive amount of lost time.

4. While the Board cannot determine with any degree of certainty which discharge the applicant currently has in his possession (undesirable or general), the Board finds no basis to warrant an upgrade of either discharge.

5. 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 this requirement.

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

___fe ___ ____le __ ___tl____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002066409
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/03/28
TYPE OF DISCHARGE	UD
DATE OF DISCHARGE	1954/03/01
DISCHARGE AUTHORITY	AR615-368
DISCHARGE REASON	UNFIT
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 583	144.5000/A51.00/UNFIT
2.
3.
4.
5.
6.