IN THE CASE OF: BOARD DATE: 12 FEBRUARY 2009 DOCKET NUMBER: AR20080017861 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his general discharge be upgraded to honorable. 2. The applicant states, in effect, that he was activated from the Enlisted Reserve Corps (ERC) for three years and that he was stationed in France. He contends that when he returned from a three-day pass, he was arrested by military policemen for stealing two billfolds/wallets which were found on the top of his foot locker. He claims that he had a “hurry-up” hearing, that he did not have a lawyer or any help, and that he received ninety days in jail. He indicates that he was innocent of the charge. He also states that there was a lot of billfold theft at the time (billfolds were stolen from hanging pants while Soldiers showered). 3. The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States); a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); and a letter, dated 18 September 2008, from the National Personnel Records Center in St. Louis, Missouri in support of his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 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. 3. The applicant was ordered to active duty from the ERC on 10 June 1951 for a period of 24 months. On 9 July 1953, he was discharged with a general discharge under the provisions of Army Regulation 615-360 for expiration term of service. 4. The applicant’s DD Form 214 for the period ending 9 July 1953 shows that he had 90 days of lost time. 5. Army Regulation 615-360, in effect at the time, set forth the general provisions governing the discharge of enlisted personnel. It states, in pertinent part, that Army Regulation 615-360 applied to individuals discharged for expiration of service. It is the policy of the Department of the Army to base evaluation of an individual's service and character on his overall enlistment period rather than on any disqualifying entries in his service record during a particular portion of his current service. DISCUSSION AND CONCLUSIONS: The applicant’s contentions were considered. However, in the absence of evidence to the contrary, it must be presumed that the applicant’s separation in 1953 was administratively correct and in conformance with applicable regulations. Based on 90 days lost time, it is presumed the commander determined the applicant's service was insufficiently meritorious to warrant a fully honorable characterization of service. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _XXX _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20080017861 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080017861 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1