MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 4 March 2003
         DOCKET NUMBER: AR2003083514

         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
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. William D. Powers		Member
Ms. Linda M. Barker		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 undesirable discharge be upgraded to honorable and the reason for separation be changed.

APPLICANT STATES: That his discharge from his second term of service was inequitable. He was the victim of prejudice because he was a highly-decorated American Indian. His discharge was based on one isolated incident where he spoke up to protect his heritage. Everything started when he was transferred to the 7th Cavalry in Japan. Talk about the 7th Cavalry started and they ganged up on him on one side. He had friends on his side, too. He was called down to the office and asked about it by the white lieutenant, sergeant, and corporal. He said there was an argument about the 7th Calvary and the Indians. He said (during the argument), "The Indian kicked your ass didn't he?" From that time on, he was watched. He did not dare make a mistake. When he was on guard duty, he made sure nobody got over the fence (on unauthorized pass) so no one could say he was not watching his post. He thinks it was the sergeant in the office who said they were going to get him. He was a decorated, distinguished soldier and he thinks they hated all the Indians over there. Every time they were in line, he wore his ribbons and they hated that, too.

As supporting evidence, the applicant provides a character reference dated 26 October 2002 and an article about his life published in Volume 5, Issue 3, dated 7 August 2001, of Active Years 50 and Better.

COUNSEL CONTENDS: Counsel makes no additional statement.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from his discharge documents.

The applicant was inducted into the Army on 13 October 1944 and entered active duty on 13 October 1944. He arrived in the Asiatic-Pacific Theater of Operations on 13 April 1945. He was honorably discharged on 27 January 1946 for the purpose of immediately reenlisting. His WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows he was awarded the Asiatic-Pacific Theater Ribbon, the Luzon Island Campaign Ribbon, the Combat Infantryman Badge, the Purple Heart, and the Philippine Liberation Ribbon with one bronze service star. Item 6 shows his organization as Troop D, 7th Cavalry Regiment.

The applicant departed the Asiatic-Pacific Theater of Operations on 28 January 1946 for an unknown reason and arrived in the States on 14 March 1946. He departed the States on 5 July 1946 and arrived in the Asiatic-Pacific Theater of Operations on 18 July 1946, apparently returning to Troop D, 7th Cavalry Regiment. He next departed the Asiatic-Pacific Theater of Operations on 3 May 1947, arrived in the States on 19 May 1947, and separated on 11 June 1947.
The applicant's discharge document is partially illegible. The characterization of his discharge cannot be determined; however, the separation document appears to be a WD AGO Form 53-58 (General – Under Honorable Conditions) rather than a WD AGO Form 53-59 (Undesirable – Under Other than Honorable Conditions). Item 33 of this document shows he was awarded the World War II Victory Medal and the Army of Occupation Medal – Japan. Item 40 shows the reason and authority for separation as, "AR 615-368 7 Mar 45 Par 1 Undesirable Habits and Traits of Character."

Army Regulation 615-638 (Enlisted Personnel, Discharge, Unfitness), in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness or unsuitability. It established procedures for separating members who demonstrated they were totally unfit or unsuitable for further retention by giving evidence of habits or traits of character manifested by antisocial or amoral trends, chronic alcoholism, criminalism, drug addiction, pathological lying, homosexuality, sexual perversion or misconduct; unclean habits, including repeated venereal infections; repeatedly committed petty offenses not warranting trial by court martial; and habitual shirking, and for whom rehabilitation was considered impossible.

Army Regulation 615-638 further stated that when discharge was for unfitness, an Undesirable Discharge Certificate would normally be furnished. Discharge for unsuitability could be recommended in borderline cases if military circumstances and the character of service rendered by the individual during his current period of service so warranted. As examples, such circumstances would apply where the cause of unfitness had been minor, relative to the length of efficient service, or where there had been a definite effort at self-control or where an individual had, during his current period of service, distinguished himself by an act of heroism, which in itself reflected great credit on the individual and the military service.

Army Regulation 600-8-22 (Military Awards) provides for the award of the Bronze Star Medal to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. It also provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

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. 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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2. The applicant’s WD AGO Form 53-55 for the period 13 October 1944 through 27 January 1946 does not show that he was awarded the Bronze Star Medal, authorized as a result of his award of the Combat Infantryman Badge. His WD AGO Form 53-55 for this period should be administratively corrected to show he was awarded the Bronze Star Medal.

3. 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

NOTE: The Board requests that the Army Review Boards Agency, Support Division – St. Louis amend the applicant’s WD AGO Form 53-55 for the period 13 October 1944 through 27 January 1946 by adding the Bronze Star Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__RJW__ ___WDP_ ___LMB _ DENY APPLICATION

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

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INDEX

CASE ID	AR2003082514
SUFFIX
RECON
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	Unknown
DATE OF DISCHARGE	19470611
DISCHARGE AUTHORITY	AR 615-368
DISCHARGE REASON	Unknown
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.