B-144086, NOVEMBER 15, 1960, 40 COMP. GEN. 280

B-144086: Nov 15, 1960

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A CHANGE IN THE TYPE OR NATURE OF A DISCHARGE FROM OTHER THAN HONORABLE TO GENERAL UNDER HONORABLE CONDITIONS OR TO HONORABLE WHEN THE MEMBER'S SEPARATION FROM THE SERVICE ACTUALLY RESULTED FROM THE INDIVIDUAL'S OWN MISCONDUCT IS NOT SUFFICIENT TO OVERCOME THE REASON FOR SEPARATION. RECOUPMENT OF THE BONUS IS REQUIRED UNDER THE LAW. IF THE MILITARY RECORD OF THE MEMBER IS FURTHER CORRECTED UNDER 10 U.S.C. 1552 TO SHOW THAT THE INDIVIDUAL WAS NOT SEPARATED BY REASON OF HIS OWN MISCONDUCT. RECOUPMENT IS NOT REQUIRED. - WHICH UNDER PARAGRAPH 9-82 (9) ARMY REGULATIONS 37-104 IS A BASIS FOR RECOUPMENT OF ANY UNEARNED REENLISTMENT BONUS. - TO A GENERAL OR HONORABLE DISCHARGE CONSTITUTES A RESCISSION OF THAT PART OF THE SENTENCE OF COURT- MARTIAL WHICH IMPOSED THE ORIGINAL DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS UNLESS THERE HAS BEEN A CORRESPONDING CORRECTION OF THE INDIVIDUAL'S BASIC MILITARY RECORDS ALTERING THE REASON FOR SEPARATION WHEN THE SEPARATION WAS.

B-144086, NOVEMBER 15, 1960, 40 COMP. GEN. 280

MILITARY PERSONNEL - REENLISTMENT BONUS RECOUPMENT - DISCHARGE CHANGE UNDER THE REENLISTMENT BONUS RECOUPMENT PROVISIONS OF 37 U.S.C. 238 (A) AND 239 (F) APPLICABLE TO MEMBERS OF THE UNIFORMED SERVICES WHO VOLUNTARILY OR AS THE RESULT OF THEIR OWN MISCONDUCT FAIL TO COMPLETE THEIR TERMS OF ENLISTMENT, A CHANGE IN THE TYPE OR NATURE OF A DISCHARGE FROM OTHER THAN HONORABLE TO GENERAL UNDER HONORABLE CONDITIONS OR TO HONORABLE WHEN THE MEMBER'S SEPARATION FROM THE SERVICE ACTUALLY RESULTED FROM THE INDIVIDUAL'S OWN MISCONDUCT IS NOT SUFFICIENT TO OVERCOME THE REASON FOR SEPARATION--- MISCONDUCT--- AND, THEREFORE, RECOUPMENT OF THE BONUS IS REQUIRED UNDER THE LAW; HOWEVER, IF THE MILITARY RECORD OF THE MEMBER IS FURTHER CORRECTED UNDER 10 U.S.C. 1552 TO SHOW THAT THE INDIVIDUAL WAS NOT SEPARATED BY REASON OF HIS OWN MISCONDUCT, RECOUPMENT IS NOT REQUIRED. A CORRECTION OF THE MILITARY RECORDS OF A MEMBER OF THE ARMY CHANGING AN OTHER THAN HONORABLE DISCHARGE IMPOSED BY A COURT-MARTIAL SENTENCE--- WHICH UNDER PARAGRAPH 9-82 (9) ARMY REGULATIONS 37-104 IS A BASIS FOR RECOUPMENT OF ANY UNEARNED REENLISTMENT BONUS--- TO A GENERAL OR HONORABLE DISCHARGE CONSTITUTES A RESCISSION OF THAT PART OF THE SENTENCE OF COURT- MARTIAL WHICH IMPOSED THE ORIGINAL DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS UNLESS THERE HAS BEEN A CORRESPONDING CORRECTION OF THE INDIVIDUAL'S BASIC MILITARY RECORDS ALTERING THE REASON FOR SEPARATION WHEN THE SEPARATION WAS, IN FACT, THE RESULT OF THE PERSON'S OWN MISCONDUCT, NO RIGHT TO RETAIN THE UNEARNED REENLISTMENT BONUS ARISES AS A RESULT OF THE CORRECTION. THE CORRECTION OF MILITARY RECORDS UNDER 10 U.S.C. 1552 TO CHANGE A BAD CONDUCT DISCHARGE OF A MEMBER OF THE UNIFORMED SERVICES TO A CERTIFICATE OF GENERAL DISCHARGE HAS NOT ALTERED THE FACT THAT THE MEMBER'S SEPARATION FROM THE SERVICE WAS THE RESULT OF HIS OWN MISCONDUCT AND, THEREFORE, SUCH CHANGE DOES NOT GIVE RISE TO ANY PART OF THE UNEARNED REENLISTMENT BONUS PAID TO THE MEMBER.

TO LIEUTENANT COLONEL R. H. MACPHERSON, DEPARTMENT OF THE ARMY, NOVEMBER 15, 1960:

REFERENCE IS MADE TO YOUR LETTER OF JULY 12, 1960 (FORWARDED HERE ON SEPTEMBER 23, 1960, UNDER D.O. NO. 534, ALLOCATED BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE) REQUESTING DECISION ON CERTAIN QUESTIONS WHICH HAVE ARISEN REGARDING THE PROPRIETY OF RECOUPING REENLISTMENT BONUS IN THE CIRCUMSTANCES RELATED IN YOUR LETTER.

THE STATUTORY PROVISIONS INVOLVED ARE CODIFIED IN TITLE 37, U.S. CODE, 1958 EDITION. SECTION 238 (A), IN PERTINENT PART, PROVIDES THAT UNDER SUCH REGULATIONS AS MAY BE APPROVED BY THE SECRETARY OF DEFENSE (OR THE SECRETARY OF THE TREASURY WITH RESPECT TO COAST GUARD PERSONNEL) ANY PERSON TO WHOM A REENLISTMENT BONUS IS PAID AS THEREIN PRESCRIBED---

* * * AND WHO VOLUNTARILY OR AS THE RESULT OF HIS OWN MISCONDUCT, DOES NOT COMPLETE THE TERM OF ENLISTMENT FOR WHICH THE BONUS WAS PAID, SHALL BE LIABLE TO REFUND SUCH PART OF SUCH BONUS AS THE UNEXPIRED PART OF SUCH ENLISTMENT BEARS TO THE TOTAL ENLISTMENT PERIOD FOR WHICH SUCH BONUS WAS PAID.

A SIMILAR PROVISION IS MADE IN SECTION 239 (F) WITH RESPECT TO RECOUPMENT OF THE REENLISTMENT BONUS PRESCRIBED IN SECTION 239 (A). THUS, UNDER EXPRESS STATUTORY LANGUAGE REFUND IS REQUIRED WHEN A MEMBER VOLUNTARILY OR AS THE RESULT OF HIS OWN MISCONDUCT FAILS TO COMPLETE THE SERVICE REQUIREMENTS. IN SUCH A CASE, REFUND MUST BE MADE OF SUCH PART OF THE BONUS AS THE UNEXPIRED PORTION OF THE ENLISTMENT (OR AUTHORIZED EXTENSION OF SUCH ENLISTMENT) BEARS TO THE TOTAL ENLISTMENT PERIOD FOR WHICH THE BONUS WAS PAID. COMPARE 33 COMP. GEN. 513.

AS AN EXAMPLE OF THE PROBLEMS GIVING RISE TO THE SEVERAL QUESTIONS PRESENTED BY YOU, THERE HAS BEEN SUBMITTED AN ADJUSTMENT VOUCHER, WITH SUPPORTING PAPERS, IN THE CASE OF A MEMBER OF THE ARMY WHO ENTERED THE SERVICE ON JANUARY 22, 1952, AND WAS HONORABLY DISCHARGED ON NOVEMBER 17, 1954. HE REENLISTED THE NEXT DAY FOR SIX YEARS AND WAS PAID A REENLISTMENT BONUS ON THAT BASIS. BECAUSE OF BEING ABSENT WITHOUT LEAVE FROM APRIL 16, 1955, TO AUGUST 15, 1966, HE WAS SENTENCED IN GENERAL COURT -MARTIAL ORDER NO. 155, DATED SEPTEMBER 9, 1955, TO A BAD CONDUCT DISCHARGE, TO FORFEIT ALL PAY AND ALLOWANCES AND TO BE CONFINED TO HARD LABOR FOR SIX MONTHS. RECOUPMENT OF THE UNEARNED BONUS WAS ENTERED AS A DEBIT ON THE MILITARY PAY RECORD CLOSED AT THE DATE OF HIS DISCHARGE, NO COLLECTION BEING ACCOMPLISHED, HOWEVER, DUE TO HIS EXCESSIVE INDEBTEDNESS TO THE UNITED STATES. THE MATTER HAS SINCE BEEN REFERRED TO THIS OFFICE AS AN UNCOLLECTIBLE ITEM AND IS NOW PENDING HERE UNDER OUR CLAIMS DIVISION FILE NO. Z-1703120. IT APPEARS THAT THE MILITARY RECORDS OF THE MEMBER HAVE NOW BEEN CORRECTED, UNDER AUTHORITY OF 10 U.S.C. 1552, TO SHOW HIM TO HAVE BEEN SEPARATED FROM THE MILITARY SERVICE ON A CERTIFICATE OF GENERAL DISCHARGE IN LIEU OF THE BAD CONDUCT DISCHARGE AWARDED HIM ON SEPTEMBER 29, 1955.

YOU ALSO REFER TO THE CASE OF ANOTHER MEMBER WHO WAS DISCHARGED ON NOVEMBER 1, 1956, UNDER CONDITIONS OTHER THAN HONORABLE (UNDESIRABLE) AS PROVIDED IN PARAGRAPH C, ARMY REGULATIONS 635-208 ( UNDESIRABLE HABITS AND TRAITS OF CHARACTER) BECAUSE OF UNFITNESS. IN THAT CASE THE ARMY DISCHARGED REVIEW BOARD, ACTING UNDER AUTHORITY OF 38 U.S.C. 693H (NOW 10 U.S.C. 1553), CONCLUDED THAT HE SHOULD RECEIVE A GENERAL DISCHARGE FOR THE CONVENIENCE OF THE GOVERNMENT UNDER THE PROVISIONS OF ARMY REGULATIONS 635 -205. ON APRIL 23, 1958, THE SECRETARY OF THE ARMY DIRECTED THAT HIS DISCHARGE BE CHANGED TO GENERAL UNDER HONORABLE CONDITIONS.

YOU FURTHER REFER, IN THE SECOND INSTANCE, TO THE REFUNDMENT ACCOMPLISHED ON VOUCHER NO. 129063, OCTOBER 1959 ACCOUNTS OF J. L. WHIPPLE, OF THE AMOUNT THAT WAS APPLIED ON THE MILITARY PAY RECORD CLOSED AT DATE OF DISCHARGE IN PARTIAL LIQUIDATION OF THE REENLISTMENT BONUS PAID TO HIM, NOTING IN PARTICULAR THAT SUCH ACTION WAS BASED ON THE APPARENT ACQUIESCENCE BY THE CLAIMS DIVISION OF THIS OFFICE IN THE CONCLUSION REACHED BY THE OFFICE OF THE JUDGE ADVOCATE GENERAL OF THE ARMY IN DECISION OF SEPTEMBER 2, 1959 ( JAGA 1959/5741) THAT HE WAS ENTITLED TO RETAIN THE REENLISTMENT BONUS PAID TO HIM BY REASON OF THE CHANGE IN HIS DISCHARGE. IT IS PERTINENT TO MENTION AT THIS POINT, HOWEVER, THAT THIS OFFICE, WHEN SUBSEQUENTLY REQUIRED TO CONSIDER THE SAME CASE, REACHED A DIFFERENT CONCLUSION BASED ON A REPORTED DATED JANUARY 12, 1960, FROM THE ADJUTANT GENERAL OF THE ARMY TO THE EFFECT THAT DEPARTMENT OF THE ARMY RECORDS SHOW HIS DISCHARGE FROM THE SERVICE WAS FOR THE REASON THAT "HE GAVE EVIDENCE OF HABITS AND TRAILS OF MANIFESTED BY AMORAL TRENDS AND POSSESSED UNCLEAN HABITS, INCLUDING REPEATED VENEREAL INFECTION.' IN SUCH CIRCUMSTANCES WE CONCLUDED THAT HE HAD, IN FACT, BEEN DISCHARGED FOR REASONS CONSTITUTING MISCONDUCT AND, HENCE, THAT THE CHANGE MADE BY THE REVIEW BOARD IN THE TYPE OF HIS DISCHARGE FROM UNDER CONDITIONS OTHER THAN HONORABLE TO A GENERAL DISCHARGE UNDER HONORABLE CONDITIONS DID NOT RELIEVE HIM OF LIABILITY FOR THE UNEARNED PORTION OF THE REENLISTMENT BONUS. IN VIEW OF HIS FINANCIAL SITUATION THE DEBT APPEARS TO BE UNCOLLECTIBLE AT THE PRESENT TIME AND THE MATTER NOW IS IN ABEYANCE.

YOU POINT OUT THAT THERE ARE NO CLEAR GUIDELINES IN THE DEPARTMENTAL REGULATIONS REGARDING THE RECOUPMENT OF UNEARNED REENLISTMENT BONUS WHEN A MEMBER IS GIVEN A GENERAL DISCHARGE AND, IN THIS CONNECTION, YOU STATE THAT PARAGRAPH 9-82, ARMY REGULATIONS 37-104 (LISTING SEPARATIONS REQUIRING RECOUPMENT), CONTAINS NO REFERENCE TO A GENERAL DISCHARGE AND THAT PARAGRAPH 9-83 PROVIDES THAT AN ENLISTED MEMBER WHO IS DISCHARGED FOR ANY REASON NOT LISTED IN PARAGRAPH 9-82 IS NOT REQUIRED TO REFUND THE BONUS OR ANY PART OF SUCH BONUS. ACCORDINGLY, YOU PRESENT THE FOLLOWING QUESTIONS:

A. SHOULD REENLISTMENT BONUS BE RECOUPED IN ANY INSTANCE WHERE CORRECTION HAS BEEN MADE TO CHANGE A DISCHARGE FROM OTHER THAN HONORABLE TO GENERAL, GENERAL UNDER HONORABLE CONDITIONS OR HONORABLE?

B. IS REENLISTMENT BONUS RECOUPABLE IF AN INDIVIDUAL RECEIVES A GENERAL DISCHARGE INITIALLY REGARDLESS OF WHETHER OR NOT HIS RECORDS HAVE BEEN CORRECTED BY EITHER BOARD?

C. PARAGRAPH 9-82 (9), AR 37-104, LISTS A SENTENCE OF

C. PARAGRAPH 9-82 (9), AR 37-104, AR 37-104, LISTS A SENTENCE OF COURT- MARTIAL AS A PREREQUISITE FOR RECOUPING BONUS. IS IT TO BE ASSUMED, WHEN A DISCHARGE OTHER THAN HONORABLE IS RECEIVED AS A RESULT OF A COURT- MARTIAL AND IT IS LATER CORRECTED TO GENERAL OR HONORABLE, THAT SO MUCH OF THE SENTENCE ORIGINALLY DIRECTING THE DISHONORABLE DISCHARGE (ETC.) IS RESCINDED? IF SO, DOES THIS HAVE THE EFFECT OF TAKING THE PERSON OUT OF THE CATEGORY OF PARAGRAPH 9-82 (9) AS FAR AS RECOUPMENT OF THE BONUS IS CONCERNED?

UNDER THE CLEAR TERMS OF 37 U.S.C. 238 (A) AND 239 (F) RECOUPMENT OF REENLISTMENT BONUS IS REQUIRED IN EVERY CASE WHERE THE INDIVIDUAL CONCERNED VOLUNTARILY OR AS THE RESULT OF HIS OWN MISCONDUCT DOES NOT COMPLETE THE TERM OF ENLISTMENT FOR WHICH THE BONUS WAS PAID. IN DECISION OF NOVEMBER 17, 1959, 39 COMP. GEN. 377, WE POINTED OUT THAT IN VIEW OF THE ENACTMENT OF THE RECOUPMENT PROVISION ON THE PREMISE THAT IT WAS NOT INTENDED THAT RECOUPMENT WOULD BE REQUIRED WHERE THE DISCHARGE "IS OCCASIONED BY CIRCUMSTANCES BEYOND THE CONTROL OF THE MEMBER," IT SEEMS REASONABLY CLEAR THAT CONGRESS DID NOT CONTEMPLATE THAT THE TERM "VOLUNTARILY" SHOULD BE GIVEN A STRICT AND INFLEXIBLE MEANING, PARTICULARLY SINCE THE RECOUPMENT WOULD BE MADE UNDER SUCH REGULATIONS AS MAY BE APPROVED BY THE SECRETARY OF DEFENSE. ON THE OTHER HAND, WITH RESPECT TO CASES OF SEPARATION FROM THE SERVICE BY REASON OF THE INDIVIDUAL'S OWN MISCONDUCT, WE STATED IN OUR LETTER OF DECEMBER 17, 1959, B-140915, ADDRESSED TO THE SECRETARY OF DEFENSE, THAT WHILE THE CHANGE IN THE TYPE OF CHARACTER OF DISCHARGE IN THE CASES THERE CONSIDERED FROM UNDESIRABLE TO GENERAL ,MAY RELIEVE THE FORMER MEMBERS OF THE DISABILITIES ATTACHING TO UNDESIRABLE DISCHARGES, THE CHANGE DOES NOT DESTROY THE EXISTING FACT THAT THEIR SEPARATION FROM THE SERVICE WAS THE RESULT OF THEIR OWN MISCONDUCT.'

IT WAS FURTHER POINTED OUT THAT THERE ARE MANY ACTS OF A MEMBER WHICH MAY BE REGARDED AS MISCONDUCT, BUT WHICH MAY NOT BE CONSIDERED WHEN DETERMINING THE TYPE OF DISCHARGE TO BE ISSUED AND THAT WHILE A GENERAL DISCHARGE MAY ABATE WHATEVER DISABILITY FLOWS FROM AN UNDESIRABLE DISCHARGE, IT CANNOT IN THE NATURE OF THINGS ERADICATE THE FACT WHICH WAS THE ACTUAL CAUSE OF SEPARATION. WE FURTHER STATED THAT THE MEMBERS THERE CONCERNED HAD "FAILED TO COMPLETE THEIR ENLISTMENTS BECAUSE OF THEIR OWN MISCONDUCT AND FOR THAT REASON FALL SQUARELY WITHIN THE PROVISION OF THE STATUTE WHICH MAKES THEM LIABLE FOR THE UNEARNED PORTION OF REENLISTMENT BONUS RECEIVED. ALTHOUGH THEIR GENERAL DISCHARGES ARE CITED TO BE UNDER THE PROVISIONS OF AR 635-205 FOR THE CONVENIENCE OF THE GOVERNMENT, THE FACTS AND CIRCUMSTANCES ARE CONTROLLING AND THE MODIFICATION OF THE DISCHARGES DOES NOT REMOVE DISABILITIES IMPOSED BY LAW WHICH ARE CONDITIONED ON SUCH FACTS.'

ALSO, WE FURTHER STATED IN OUR LETTER OF DECEMBER 17, 1959, THAT SOME OF THE APPARENT DIFFICULTIES IN DETERMINING WHETHER RECOUPMENT OF REENLISTMENT BONUS IS PROPER SEEM TO STEM "FROM THE EFFORT TO FIT THE REENLISTMENT BONUS RECOUPMENT REGULATIONS INTO THE FRAMEWORK OF EXISTING BUT UNRELATED REGULATIONS PERTAINING TO DISCHARGE OF ENLISTED MEMBERS" AND THAT WHETHER THE SEPARATION OF A MEMBER IS TO BE CONSIDERED AS A VOLUNTARY NONCOMPLETION OF AN ENLISTMENT WITHIN THE MEANING OF THE STATUTE "MUST BE DECIDED FROM THE FACTS AND CIRCUMSTANCES SURROUNDING EACH CASE.' WE ALSO STATED THAT WHETHER AN EARLY DISCHARGE IS TO BE DEEMED A RESULT OF MISCONDUCT "MUST BE DETERMINED FROM THE FACTUAL CIRCUMSTANCES IN EACH CASE AND CANNOT BE DECIDED FROM THE TYPE OR NATURE OF THE DISCHARGE CERTIFICATE ISSUED.'

THUS, IN ANSWER TO QUESTION A, IT MAY BE STATED THAT IF THE SEPARATION FROM THE SERVICE ACTUALLY RESULTS FROM THE INDIVIDUAL'S OWN MISCONDUCT, A MERE CHANGE IN THE TYPE OR NATURE OF DISCHARGE FROM OTHER THAN HONORABLE TO GENERAL UNDER HONORABLE CONDITIONS OR HONORABLE WOULD NOT BE SUFFICIENT TO OVERCOME THE BASIC REASON FOR SEPARATION AND IN SUCH CIRCUMSTANCES RECOUPMENT OF THE UNEARNED PORTION OF REENLISTMENT BONUS WOULD BE REQUIRED BY LAW. HOWEVER, IF THE MILITARY RECORDS OF THE INDIVIDUAL CONCERNED IN SUCH A CASE ARE FURTHER CORRECTED, UNDER AUTHORITY OF 10 U.S.C. 1552, SO AS TO SHOW THAT THE INDIVIDUAL WAS NOT SEPARATED BY REASON OF HIS OWN MISCONDUCT, RECOUPMENT OF THE REENLISTMENT BONUS WOULD NOT BE REQUIRED.

THE FACT THAT THE INDIVIDUAL CONCERNED WAS INITIALLY SEPARATED FROM THE SERVICE WITH A GENERAL DISCHARGE WOULD NOT ENTITLE SUCH PERSON TO RETAIN ANY UNEARNED REENLISTMENT BONUS IF HIS SEPARATION FROM THE SERVICE IN FACT RESULTED FROM HIS OWN MISCONDUCT. QUESTION B IS ANSWERED ACCORDINGLY.

IN QUESTION C YOU REFER TO PARAGRAPH 9-82 (9), ARMY REGULATIONS 37 104, WHICH LISTS A SEPARATION FROM THE SERVICE BY SENTENCE OF COURT MARTIAL AS A BASIS FOR THE RECOUPMENT OF REENLISTMENT BONUS. YOUR QUESTION IN CONNECTION WITH THIS PROVISION IS WHETHER IT MAY BE ASSUMED, WHEN A DISCHARGE OTHER THAN HONORABLE IS RECEIVED AS A RESULT OF A COURT-MARTIAL AND IT IS LATER CORRECTED TO A GENERAL OR HONORABLE DISCHARGE, THAT SO MUCH OF THE SENTENCE ORIGINALLY DIRECTING THE DISHONORABLE DISCHARGE IS RESCINDED AND, IF SO, WHETHER THIS WOULD HAVE THE EFFECT OF TAKING THE PERSON OUT OF THE CATEGORY OF PARAGRAPH 9-82 (9) WITH RESPECT TO RECOUPMENT OF REENLISTMENT BONUS. THE CORRECTION OF THE MILITARY RECORD IN THE CIRCUMSTANCES ABOVE OUTLINED WHICH CHANGES THE TYPE OF DISCHARGE FROM OTHER THAN HONORABLE TO A GENERAL OR HONORABLE DISCHARGE CONSTITUTES A RESCISSION OF THAT PART OF THE SENTENCE COURT-MARTIAL WHICH IMPOSED THE ORIGINAL DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS. HOWEVER, AS POINTED OUT ABOVE, A MERE CHANGE IN THE TYPE OF DISCHARGE GRANTED WITHOUT A CORRESPONDING CORRECTION IN THE INDIVIDUAL'S BASIC MILITARY RECORDS ALTERING THE REASON FOR SEPARATION FROM THE SERVICE WHEN SUCH SEPARATION WAS, IN FACT, THE RESULT OF THE PERSON'S OWN MISCONDUCT WOULD NOT GIVE RISE TO ANY RIGHT TO RETAIN A REENLISTMENT BONUS. QUESTION C IS ANSWERED ACCORDINGLY.

IN THE CASE OF THE MEMBER THE RECORD SHOWS THAT HE WAS SEPARATED FROM THE MILITARY SERVICE (BY REASON OF BEING ABSENT WITHOUT LEAVE FROM APRIL 16, 1955, TO AUGUST 14, 1955, INCLUSIVE) PURSUANT TO A SENTENCE OF GENERAL COURT-MARTIAL DIRECTING A BAD CONDUCT DISCHARGE AND IMPOSING FORFEITURE OF ALL PAY AND ALLOWANCES AND CONFINEMENT TO HARD LABOR FOR SIX MONTHS. COPY OF MEMORANDUM PREPARED FOR THE ADJUTANT GENERAL OF THE ARMY DATED NOVEMBER 4, 1959 (PART OF ENCLOSURE (1) TO YOUR LETTER) DISCLOSES THAT THE ASSISTANT SECRETARY OF THE ARMY ( MANPOWER, PERSONNEL AND RESERVE FORCES) DIRECTED, UNDER AUTHORITY OF 10 U.S.C. 1552, THAT ALL DEPARTMENT OF THE ARMY RECORDS OF THE MEMBER BE CORRECTED "TO SHOW HIM TO HAVE BEEN SEPARATED ON A CERTIFICATE OF GENERAL DISCHARGE FROM THE ARMY OF THE UNITED STATES, DATED 29 SEPTEMBER 1955" AND THAT THE DEPARTMENT OF THE ARMY ISSUED TO HIM A " CERTIFICATE OF GENERAL DISCHARGE" FROM THE ARMY OF THE UNITED STATES, DATED SEPTEMBER 29, 1955, IN LIEU OF THE BAD CONDUCT DISCHARGE OF THE SAME DATE. IT WILL BE NOTED THAT CHANGE FROM A BAD CONDUCT DISCHARGE TO A CERTIFICATE OF GENERAL DISCHARGE DISCH HAS NOT ALTERED THE FACT THAT HIS SEPARATION FROM THE MILITARY SERVICE WAS THE RESULT OF HIS WON MISCONDUCT AND, HENCE, NO BASIS IS PRESENT ALLOW HIM TO RETAIN ANY PART OF THE UNEARNED REENLISTMENT BONUS. CO DECISIONS OF AUGUST 23, 1954, 34 COMP. GEN. 93, ID. 95. THE VOUCHER STATED IN FAVOR OF THE MEMBER AND RECEIVED AS PART OF ENCLOSURE (1) TO YOUR LETTER IS RETURNED.