| Mr. | Calvin M. Fowler | Chairperson | |
| Mr. | Fred N. Eichorn | Member | |
| Mr. | Raymond V. O’Connor Jr. | Member |
| Mr. | Loren G. Harrell | Director | |
| Mr. | Joseph A. Adriance | Analyst |
APPLICANT REQUESTS: In effect, that his general/under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that he does not understand why he was discharged; that he was issued an undesirable discharge (UD) which was later automatically upgraded to a GD; that his records were destroyed in a fire; and that he later found the enclosed records which he is submitted for an upgrade.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.
The applicant entered the Regular Army on 10 June 1946 for a period of 3 years. His service included 2 years, 2 months, and 28 days of overseas service in the Asiatic-Pacific Theater. The highest rank he held on active duty was private first class/E-3, and he was awarded the American Campaign Medal and the World War II Victory Medal.
The specific facts and circumstances of the applicant’s discharge are not on file; however, there is information available that shows that on 11 February 1949 the applicant was discharged and issued a WD AGO Form 53-59 (Undesirable Discharge). At the time of his discharge that applicant had completed a total of
2 years, 7 months, and 3 days of active military service.
On 10 May 1949 the Secretary of the Army, based on the conclusions of the Army Discharge Review Board (ADRB), directed the applicant’s discharge be upgraded from a UD to a GD. On 13 June 1949 the Adjutant General (AG) issued a correction to the applicant’s WD Form 53 (Military or Enlisted Record and Report of Separation) and issued the applicant an AGO Form 0457-A (GD).
There is no indication that the applicant ever applied to either the ADRB or this Board to upgrade his GD until 24 February 1997. The records contained with this application were provided by the applicant which indicates that he was fully aware of the characterization of service and the type of discharge he received as early as 1949. There is no explanation provided by the applicant as to why he never applied for an upgrade between 1949, when the GD was issued, and 1973 when his official records were destroyed by fire.
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. The Board concurs with the original findings and conclusions of the ADRB conducted in 1949 and presumes that the applicant's administrative separation was accomplished in compliance with applicable regulations. This Board also presumes administrative regularity in the processing of the applicant's discharge. There is nothing in the available records or in anything submitted by the applicant to overcome that presumption.
2. The Board noted the applicant’s contention that he was done an injustice and does not know why he was given a less than fully honorable discharge. However, the Board concluded that the applicant was aware of the type of discharge and the characterization of service he received, based on the correction to his discharge issued by the AG on 13 June 1949. This provided the applicant ample opportunity to apply, to either the ADRB or this Board, for an upgrade of his discharge, prior to his records being destroyed in 1973.
3. 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 and that the character of the discharge, as amended by the 1949 ADRB findings, are commensurate with the applicant’s overall record of service.
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
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
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