RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 June 2005
      DOCKET NUMBER:  AR20040000349


      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             |
|     |Mr. Paul Wright                   |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Ms. Marla J. N. Troup             |     |Member               |

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of the prior denial
of his request for an upgrade of his Bad Conduct Discharge (BCD).  He again
requests an upgrade to an Honorable Discharge.

2.  The applicant states that, at the time of discharge, he was separated
from everyone, not knowing what was happening to him.  He felt he was going
crazy because of the effects the war had on him, and because of learning
about the death of his grandfather.

3.  The applicant states he has come to realize he suffered from Post-
Traumatic Stress Disorder (PTSD).  He adds that he has lost more than
anyone will ever know by facing flashbacks, feeling like "I'm still there
in the war."  It has taken him all these years to realize that he wants
this injustice corrected.

4.  Through a series of newspaper articles describing the plight of Native
Americans in Oregon, the applicant states he is the father of 13 children.
Seven of his children died young – of accidents, suicide and murder.  One
son was beaten to death, a second was struck by a car and killed, a third
hanged himself in jail, and a daughter stepped in front of a train and was
killed.  His first wife died of diabetes.  One daughter was an alcoholic
who abandoned her children, three of whom were being raised by the
applicant.  He has tried on multiple occasions to get professional help for
his daughter and has been supportive of her rehabilitation efforts.

5.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States), two letters attesting to the
fact he was raised by his maternal grandfather, and various articles from
"The Oregonian" newspaper (Portland, Oregon).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number AC
91-07069 on 11 September 1991.

2.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records
were lost or destroyed in that fire.  However, there were sufficient
documents remaining in a reconstructed record for the Board to conduct a
fair and impartial review of this case.  Additionally, his Record of Trial
(ROT) was obtained from the Office of the Clerk of Court, U.S. Army
Judiciary.

3.  The applicant is an American Indian, a member of the Warm Springs Tribe
of Oregon.  He was born on 8 December 1930 on the Warm Springs Reservation,
a piece of high desert where three tribal cultures – Walla Walla (later
called Warm Springs), Wasco, and Paiute – were driven in 1855 from their
original tribal lands beside the Columbia River and Cascade Mountains.
Following is a personal recounting of his youth and military service.

      a.  He states for 90 years white men came and separated reservation
children from their parents, insisting they be placed in boarding schools
where they were forced to give up their native culture and learn the white
man's ways.  The applicant, who as a boy lived with his grandfather, spent
considerable time living in the wilderness in order to avoid the Federal
agents who took Indian children away to the schools.  However, in 1941,
agents spotted his campfire smoke and dragged him off to boarding school.

      b.  At age 11, the applicant states he was placed in school in Warm
Springs, Oregon.  His head was shaved and he was beaten for speaking his
native tongue and practicing his native religion.  He was forced to attend
Presbyterian Church services.  When he was 18, he escaped the school by
joining the Army.

      c.  On 17 January 1949, the applicant states he enlisted in the
Regular Army.  Following  Basic Combat Training, he was given Advanced
Individual Training as a medic and, in May 1949, was transferred to Japan.
In March 1950, the American Red Cross sent word that his grandfather passed
away.  He states he requested leave, but it was denied.  After that, his
attitude deteriorated and he began drinking heavily.  On 21 March 1950, he
was convicted by a Summary Court-Martial for losing items of his clothing.
He was sentenced to a forfeiture of $40 pay per month for 1 month, 30 days
of hard labor without confinement, and restriction for 30 days.

      d.  When the Korean War broke out in June 1950, the applicant states
he was reassigned to the 7th Infantry Division and sent to Korea, landing
at Inchon in September 1950.  He was attached to the 17th Republic of Korea
(ROK) Infantry Regiment as a medic.  On 7 December 1950, he was wounded in
action
when he received a bullet wound to his thigh and was evacuated to Japan for
medical treatment.  While being treated in Japan, he was convicted by a
Summary Court-Martial for being AWOL for 2 days.  He was sentenced to a
forfeiture of $68 pay per month for 1 month.  He returned to Korea on/about
3 February 1951.

      e.  In Korea, the applicant indicates he got into trouble, receiving
2 Summary Courts-Martial for minor offenses – breaking curfew, and breaking
restriction.  For the first offense, he was sentenced to a forfeiture of
$35 pay per month for 1 month.  For the second offense, he was sentenced to
be reduced to Private and to be confined for 1 month (suspended).  On 2
June 1951, he was slightly wounded in action when he received a shrapnel
wound to his arm.  In October 1951, he was transferred back to the United
States for duty at Fort Lewis, Washington.  He should have been discharged
in January 1952, but the Army made him stay longer because of an
involuntary extension.

      f.  At Fort Lewis, the applicant states he had trouble "playing war"
after his experience in Korea.  He went AWOL and was apprehended and placed
in the stockade.  While in confinement, he became ill and was transferred
to Madigan Army Hospital.  From the hospital, he went AWOL on 1 November
1952.  He remained absent until apprehended and returned to military
control on 31 March 1953.

4.  On 28 April 1953, the applicant was convicted by a General Court-
Martial for being AWOL from 1 November 1952 to 31 March 1953.  His sentence
included a Dishonorable Discharge, confinement at hard labor for 6 months,
and forfeiture of all pay and allowances.  On 4 May 1953, the sentence was
modified to substitute a Bad Conduct Discharge in lieu of a Dishonorable
Discharge.

5.  The applicant's DD Form 214 shows that he was involuntarily extended
for 9 months beyond his 3-year enlistment.  It shows he had 3 years and 15
days of creditable active service and 494 days of lost time due to AWOL and
confinement.  It also indicates that he spent 2 years, 4 months, and 21
days in overseas assignments in Japan and Korea.  The applicant was awarded
the Purple Heart for his wound on 2 June 1951, the Army of Occupation Medal
with Japan Clasp, the Korean Service Medal with 5 bronze service stars, the
United Nations Service Medal, the Meritorious Unit Commendation, the
Republic of Korea Presidential Unit Citation, and the Combat Medical Badge.
 He was discharged on 12 June 1953.

6.  The applicant's ROT by General Court-Martial basically confirms what
the applicant recounted above.  In addition, it also confirms that the
applicant had a drinking problem [as he stated in paragraph 3c above] and
that he was drunk when apprehended by law enforcement personnel in March
1953.

7.  Hospital Admission Cards created by the Office of The Surgeon General
(OTSG), Department of the Army, show that the applicant was treated twice
for wounds received in action.  His first wounding occurred on 7 December
1950 and required his medical evacuation to Japan.  His second wounding
occurred on 2 June 1951 and was treated in Korea.

8.  The applicant's name does not appear on the Korean Casualty File as
having been wounded in Korea.  However, his DD Form 214 shows 1 Purple
Heart and the OTSG records show two hospitalizations for treatment of
wounds.

9.  The Military Justice Act of 1983 (Public Law 98-209), provides, in
pertinent part, that military correction boards may not disturb the
finality of a conviction by court-martial.  Court-martial convictions stand
as adjudged or modified by appeal through the judicial process.  In
accordance with Title 10, United States Code, Section 1552, the authority
under which this Board acts, the Army Board for Correction of Military
Records is not empowered to change a discharge due to matters which should
have been raised in the appellate process, rather it is only empowered to
change the severity of the sentence imposed in the court-martial process if
clemency is determined to be appropriate.  Clemency is an act of mercy, or
instance of leniency, to moderate the severity of the punishment imposed.

10.  According to the Department of Veterans Affairs, PTSD is a psychiatric
disorder that can occur following the experience or witnessing of life-
threatening events such as military combat.  Soldiers who suffer from PTSD
often relive the experience through nightmares and flashbacks, have
difficulty sleeping, and feel detached or estranged, and these symptoms can
be severe enough and last long enough to significantly impair their daily
lives.  It is marked by clear biological changes as well as psychological
symptoms.  PTSD is complicated by the fact that it frequently occurs in
conjunction with related disorders such as depression, substance abuse,
problems of memory and cognition, and other problems of physical and mental
health.  The disorder is also associated with impairment of the person's
ability to function in social or family life, including occupational
instability, marital problems and divorces, family discord, and
difficulties in parenting.  PTSD has been observed in all veteran
populations that have been studied, including World War II, the Korean War,
Vietnam and the Persian Gulf War.
11.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
states:

      a.  The Purple Heart (PH) is awarded for a wound sustained as a
result of hostile action.  Substantiating evidence must be provided to
verify that:  (1) the wound was the result of hostile action; (2) the wound
required medical treatment; and (3) the medical treatment was made a matter
of official record.  A bronze oak leaf cluster is awarded to denote the
second and succeeding awards of certain decorations, among which is the
Purple Heart.

      b.  The National Defense Service Medal (NDSM) is awarded for
honorable active service for any period between 27 June 1950 and 27 July
1954.

      c.  A bronze service star, based on qualifying service, is awarded
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  A single silver service star denotes five campaigns.

12.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic 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 service award to eligible US veterans
of the Korean War, or their surviving next of kin.  The medal is provided
at no cost to veterans.

13.  The Department of Defense 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 submit 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 is being
provided to the applicant.  Once the Korean War Service Medal has been
authorized by the Department of the Air Force, the applicant may apply to
the Army Board for Correction of Military Records to add this foreign award
to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  PTSD is a recognized disorder common to many Soldiers who experience
the rigors of combat.  Although the applicant's service record documents
the fact that he experienced combat, he has not provided any official
medical documentation to support his claim of PTSD.

2.  The applicant is a combat veteran who was twice wounded in action in
Korea. He was a combat medic and was awarded the Combat Medical Badge.  He
served a complete tour of duty in Korea during the Korean War.

3.  The applicant's Summary Court-Martial convictions were for minor
offenses such as losing personal clothing items, a 2-day period of AWOL,
breaking curfew, and breaking restriction.  His General Court-Martial
conviction was for going AWOL from Madigan Army Hospital and returning to
his reservation for 4 months and 29 days.  This offense occurred after his
3-year enlistment ended and during his involuntary extension of service.

4.  The applicant has also experienced a tragic personal life.  His first
wife died of complications from diabetes and seven of his thirteen children
met tragic deaths at an early age.  Alcoholism has plagued his family and
he himself has fought a battle with alcohol; at least some of his
misconduct while in the military can be traced to alcohol abuse.

5.  In light of the applicant's military service prior to his General Court-
Martial, including his combat service in Korea where he was twice wounded
and awarded the Combat Medical Badge, clemency may be appropriate.  The
applicant clearly has overcome the alcoholism and drug abuse that has
plagued him, his family, and members of the American Indian community.  He
has lived a life of hardship, raising a family of 13, half of whom are
deceased from natural and other causes. He is advanced in age, a widower,
raising 3 grandchildren and still working.  He is respected in his
community and has sought to get his family into treatment programs for
their addictions, as reflected in the newspaper articles he has submitted.

6.  As a matter of compassion and clemency based on his receipt of the
Purple Heart and Combat Medical Badge, and his post-service conduct in
overcoming alcoholism and providing for his children and grandchildren, it
would be appropriate at this late date to grant the applicant partial
relief by changing his Bad Conduct Discharge to a General, Under Honorable
Conditions Discharge.

7.  At the same time, although he did not specifically request it, it would
be appropriate to correct the applicant's service record to reflect the
proper awards and decorations earned by showing that he was awarded the
Purple Heart with Oak Leaf Cluster, the National Defense Service Medal, and
the Korean Service Medal with silver service star.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__fe____  __teo___  __mjnt__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant amendment of the ABCMR’s decision in Docket Number AC91-07069,
dated 11 September 1991.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  Changing his Bad Conduct Discharge to a General, Under Honorable
Conditions Discharge; and

      b.  Showing that he was awarded the Purple Heart with Oak Leaf
Cluster, the National Defense Service Medal, and the Korean Service Medal
with silver service star.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing his Bad Conduct Discharge to a fully Honorable Discharge.



                                        Fred Eichorn
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000349                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050602                                |
|TYPE OF DISCHARGE       |BCD                                     |
|DATE OF DISCHARGE       |19530610                                |
|DISCHARGE AUTHORITY     |AR 615-364                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |105.0100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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