PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 September 2002
         DOCKET NUMBER: AR2002067351


         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Mr. Melvin H. Meyer		Member
Mr. John T. Meixell		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 that his Undesirable Discharge (UD) be upgraded to an Honorable Discharge (HD).

3. The applicant states, in effect, that he was a young, 17-year old when he enlisted; that he served well in combat during the Korean War and received a head wound; that, upon reassignment from Korea to Japan, his personality changed and he started exhibiting bizarre behavior; and that, when he finally returned to the United States at 2 1/2 years of service and was given his first home leave, he went AWOL (absent without leave) for 5 or 6 months. He adds that he was never given the benefit of the doubt or a proper discharge hearing and that his head wound and subsequent personality change were not properly considered during the discharge process.

4. In support of his request, the applicant submits: a copy of his DD Form 214 (Report of Separation From the Armed Forces of the United States); a self-authored statement, dated 12 November 2001; a statement from a veterans service officer in Bloomington, Illinois, dated 20 November 2001; statements of support from three Korean War veterans who served with the applicant; two statements from former employers; a statement from the applicant's pastor; a newspaper article from the 11 November 2001 Paducah (Kentucky) Sun detailing how one of the applicant's comrades attempted to find him for 50 years; and letters of support from both United States Senators from North Dakota.

5. Applicant's counsel states that the applicant is a wounded veteran and that the Army treated him poorly; that he was most probably suffering from Post Traumatic Stress Disorder (PTSD) and that he has been a good citizen and family man for more than 40 years.

6. The applicant’s military records show that he was born on 9 March 1934 and enlisted in the Regular Army for 3 years on 14 March 1951 at age 17. Without the benefit of training, the applicant was first assigned to the Replacement Battalion, Camp Stoneman, California, and then immediately transferred to Japan via Hawaii. While in Hawaii, he was given 14 weeks of military training as part of a Regular Army unit.

7. The applicant arrived in Japan on/about 7 August 1951 and was immediately reassigned to the 24th Replacement Company, 24th Infantry Division, located in Korea. He was then assigned to Company H, 19th Infantry Regiment, 24th Infantry Division, as a heavy weapons infantryman.

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8. The applicant experienced combat with the 19th Infantry Regiment. In October 1951, the 24th Infantry Division was located south of the town of Kumsong. There, on 14 October 1951, the applicant was one of several soldiers
wounded by enemy mortar fire when he was struck in the back of the head by a piece of shrapnel. His scalp was peeled forward from the back of his head and the tip of his left ear was severed. In spite of his wounds, he helped evacuate other wounded soldiers to the rear.

9. The applicant was evacuated to the 8076th MASH (Mobile Army Surgical Hospital) located south of his unit, near the Hwachon Reservoir. From there, he was sent to the 11th Evacuation Hospital and the 10th Station Hospital, near Ascom, Korea. He was returned to duty with the 19th Infantry Regiment on 27 October 1951.

10. In February 1952, the applicant's unit was transferred to Japan. On 11 August 1952, while in Japan, the applicant was convicted by a summary court-martial for being absent without leave (AWOL) for 1 day and sentenced to reduction from pay grade E-3 to pay grade E-2 and forfeiture of $35.00 pay for 1 month. On 24 February 1953, a special court-martial convicted him for larceny and sentenced him to confinement at hard labor for 6 months and forfeiture of $55 per month for 6 months.

11. The applicant returned to the United States and, on 1 September 1953, he was assigned to Fort Lewis, Washington. He was given ordinary leave for the first time. He did not return to his unit and he went into an AWOL status from 30 September 1953 until he turned himself in to civil authorities in Baltimore, Maryland, on 1 January 1954. He was transferred to Fort Meade, Maryland, where he was tried by a special court-martial on 3 February 1954 and convicted for being AWOL from 30 September 1953 to 1 January 1954. He was sentenced to confinement at hard labor for 6 months and forfeiture of $60 per month for 6 months.

12. While at Fort Meade, the applicant's commander recommended that he appear before a board of officers to determine whether he should be separated from the Army for unfitness. He was medically and psychiatrically cleared for administrative separation action. On 5 February 1954, he appeared before a board of officers. After reviewing the applicant's service record and hearing testimony from his chain of command, the board recommended that the applicant be separated for unfitness under the provisions of Army Regulation (AR) 615-368. The approving authority accepted the recommendation and directed that the applicant receive a UD.

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13. On 25 February 1954, the applicant was separated with a UD under the provisions of AR 615-368 for unfitness. He had completed 2 years, 2 months, and 15 days of creditable active Federal service and he had 267 days of lost time due to AWOL and confinement. He was 19 years old.

14. The applicant's DD Form 214 shows that he received the Purple Heart, the National Defense Service Medal, the Army of Occupation Medal (Japan Clasp), the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge.

15. Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel for reasons of unfitness. The regulation provided, in pertinent part, that members guilty of repeated misconduct were subject to separation. An undesirable discharge was normally considered appropriate.

16. As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the Free World. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to the veterans. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must provide a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

CONCLUSIONS:

1. The applicant was a young, 17-year old soldier with little formal training when he was thrust into combat during the Korean War. All indications reflect that he was an excellent soldier from his date of enlistment through his unit's transfer from Korea to Japan in February 1952.

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2. The applicant, while still just 17 years old, was wounded in combat on 14 October 1951. Comrades-in-arms state that, even though the applicant himself received a serious head wound and could not see well, he risked his own life and dragged a fellow wounded soldier to safety. After he left Korea and returned to Japan, his entire demeanor changed and he began to get into trouble. His court-martial convictions were for relatively minor offenses.

3. After his separation, the applicant married, became a businessman, and raised a family. He has been a good citizen for the past 50-plus years.

4. Although the applicant's separation with a UD was accomplished in accordance with applicable regulations then in effect, it appears that his UD is overly harsh given the applicant's age at the time and the fact that he received a head wound which may have altered his personality. His almost 2 years of excellent service prior to his first summary court-martial, and his 50-plus years of good post-service conduct warrant an upgrade of his UD.

5. Even given the mitigating factors described above, the applicant's acts of misconduct cannot be completely overlooked. While the Board believes that a fully honorable discharge is unwarranted, an upgrade to a general discharge under honorable conditions is viewed as equitable in this case.

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

RECOMMENDATION:

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

         a. by showing that the UD given to the individual concerned on 25 February 1954 is void and without force or effect;

         b. by showing that he was separated with a General Discharge on 25 February 1954; and

         c. by issuing to him a General Discharge Certificate, dated 25 February 1954, in lieu of the UD of the same date now held by him.

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

BOARD VOTE:

__cla___ __mhm___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Celia L. Adolphi
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067351
SUFFIX
RECON
DATE BOARDED	20020905
TYPE OF DISCHARGE	(UD)
DATE OF DISCHARGE	19540225
DISCHARGE AUTHORITY	AR615-368
DISCHARGE REASON	A51.00
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	144.5000
2.
3.
4.
5.
6.