| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. Raymond V. O'Connor | Chairperson | |
| Mr. Robert J. Osborn | Member | |
| Ms. Eloise C. Prendergast | Member |
APPLICANT REQUESTS: That his dishonorable discharge be upgraded.
APPLICANT STATES: That it has been 54 years since he was discharged. He is 73 years old. There is no error or injustice; however, it was a crime committed by a foolish 19-year old. For the past 60 years he has tried to be a model citizen. Many in his family know nothing of his discharge. He feels it is time for it to be corrected. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records were presumably lost or destroyed in the National Personnel Records Center in 1973. Information contained herein was obtained from his report of trial. His separation document is not available.
The applicant was born on 25 January 1930. He enlisted in the Regular Army on 4 August 1948 for 1 year.
On or about 31 March 1949, the applicant and another soldier robbed another soldier who was performing his duties as a sentry. On or about 1 April 1949, the applicant made a voluntary statement to investigators that "they" waited for the guard behind the barracks. When the guard turned the corner "they" followed him. The applicant jumped the guard, hit the guard in the face and, when the guard fell down, kicked the guard in the stomach 3 times. After the guard "passed out," the applicant put his hand in the guard's pocket, took his wallet, and ran away.
On 19 May 1949, in a joint trial, the applicant was convicted by a general court- martial of robbery under the 93d Article of War (by stealing, by force and violence and by putting him in fear, about $53.00 from another soldier). The applicant's adjudged punishment was to be sentenced to a dishonorable discharge, to forfeit all pay and allowances, and to be confined at hard labor for 5 years. (The other soldier was sentenced to the same punishment except his confinement was to be for 4 years.)
The convening authority approved the sentence but reduced the period of confinement with respect to each sentence to 3 years.
On 29 June 1949, the U.S. Army Board of Review affirmed the findings of guilty and the sentence.
Army Regulation 635-200 governs the separation of enlisted personnel. In pertinent part, it 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. A general discharge is a separation from the Army under honorable conditions. It is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
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.
2. Trial by court-martial was warranted by the gravity of the offense charged. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. The Board concludes the applicant has provided insufficient justification on which to base an upgrade of his discharge.
3. If the applicant desires to consider applying for a Presidential Pardon, he may write directly to the Pardon Attorney, 4th Floor, 500 First Street, NW, Washington, DC 20530.
4. 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
__rvo___ __rjo___ __ecp___ DENY APPLICATION
| CASE ID | AR2003086584 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031009 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Schneider |
| ISSUES 1. | 105.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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