| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Linda M. Barker | Member | |
| Mr. Richard T. Dunbar | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his undesirable discharge be upgraded to honorable and that his permanent mailing address be changed to his current address.
2. The applicant offers no argument or evidence to support his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an injustice which occurred on 20 December 1955. The application submitted in this case is dated 14 April 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's military records are not available to the Board for review. A fire destroyed 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.
4. The applicant was born on 8 October 1934 and enlisted in the Regular Army in Kansas City, Missouri, on 28 April 1953, for a period of 3 years. It appears that he served 18 months in Korea and was assigned to Company C, 1092nd Combat Engineer Battalion.
5. Upon completion of his overseas service he was transferred to Fort Carson, Colorado, where he was assigned to Company C, 31st Engineer Battalion. He was discharged under other than honorable conditions on 20 December 1955, under the provisions of Army Regulation 615-366, for misconduct, due to conviction by civil authorities. He had served 2 years, 4 months and 14 days of total active service and had 100 days of lost time due to confinement by civil authorities. His permanent mailing address was listed as the Kansas State Industrial Reformatory in Hutchison, Kansas.
6. There is no indication in the available records to show that the applicant ever applied to the Army Discharge Review Board within that board's 15-year statute of limitations.
7. Army Regulation 615-366, in effect at the time, provided for the administrative discharge of personnel for misconduct, who were convicted by civil authorities and who were in the custody of civil authorities. It provided that an Undesirable Discharge Certificate would be issued.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it must be presumed that the applicant was administratively discharged in accordance with applicable laws and regulations in effect at the time, with no procedural errors that would jeopardize his rights.
2. Accordingly, it appears that his discharge was properly characterized because the applicable regulation required such at the time. It must also be presumed that his mailing address at the time his separation document (DD Form 214) was issued was correct.
3. The applicant has offered no argument or evidence to support his request for an upgrade of his discharge or a change to his mailing address at the time of discharge and the available evidence is not sufficiently mitigating to warrant relief when considering the reason for his discharge.
4. 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.
5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 December 1955; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 19 December 1958. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
rtd_____ jns__ ___ lmb _ ___ DENY APPLICATION
| CASE ID | AR2003090090 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20040210 |
| TYPE OF DISCHARGE | (UD) |
| DATE OF DISCHARGE | 1955/12/20 |
| DISCHARGE AUTHORITY | AR615-366 . . . . . |
| DISCHARGE REASON | CIV CONV |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. 144-6100 | 627/CONV CIV AUTH |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002071476C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant applied to the ADRB in March 1957 and that board denied his request for an upgrade of his discharge in September 1957. In the absence of evidence to the contrary, it must be presumed that the applicant was administratively discharged in accordance with applicable laws and regulations in effect at the time, with no procedural errors that would jeopardize his rights.
ARMY | BCMR | CY2004 | 20040002371C070208
The separation document further shows that at the time of his discharge, he had completed a total of 1 year, 5 months and 1 day of active military service and had accrued 116 days of time lost. There is no indication that the applicant requested an upgrade of his discharge from the Army Discharge Review Board within its 15-year statute of limitations. ____John E. Denning ____ CHAIRPERSON INDEX |CASE ID |AR20040002371 | |SUFFIX | | |RECON | | |DATE BOARDED |2005/03/17 | |TYPE OF DISCHARGE...
ARMY | BCMR | CY2010 | 20100017976
However, his DD Form 214 shows that on 23 September 1955 he was discharged under the provisions of Army Regulation 615-366, for conviction by civil court. Army Regulation 635-200 (Active Duty Enlisted Separations), paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2008 | 20080011567
Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge or an honorable discharge.
ARMY | BCMR | CY2011 | 20110015318
The civil court sentenced him to imprisonment for 5 to 10 years. However, his service records show on 1 September 1955, the Commanding General, Headquarters, Infantry Center, Fort Benning, GA, ordered the applicant discharged under the provisions of section IV, Army Regulation 615-366 (Enlisted Personnel Discharges) by reason of civil conviction with the issuance of an Undesirable Discharge Certificate. On 13 November 1962, the Army Discharge Review Board denied his petition for an upgrade...
ARMY | BCMR | CY2005 | 20050006059C070206
The applicant’s military records are not available to the Board for review. In May 1946, the applicant requested a review of his discharge by the Secretary of War’s Discharge Review Board (DRB). However, there is no evidence nor has the applicant presented any evidence to support his allegation.
ARMY | BCMR | CY2002 | 2002066543C070402
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge or that his records be corrected to show he was discharged for medical reasons. However, prior to his discharge the applicant was confined twice to the United States Army Europe Rehabilitation Center and during the time of his enlistment, was...
ARMY | BCMR | CY2003 | 2003084226C070212
On 12 April 1976, the applicant's commander submitted a request for discharge under the provisions of Army Regulation 635-206, due to conviction by civil authorities. Accordingly, he was discharged under other than honorable conditions under the provisions of Army Regulation 635-206, for misconduct – conviction by civil authorities. There is no indication in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge...
ARMY | BCMR | CY2010 | 20100016129
The applicant's military records are not available to the Board for review. The applicant's DD Form 214 shows he was separated with an undesirable discharge on 15 May 1953 under the provisions of Army Regulation 615-366 (Enlisted Men Discharge Misconduct) for conviction by civil court. However, without having his service personnel records to consider or evidence to the contrary, it is presumed these items on his DD Form 214 are correct.
ARMY | BCMR | CY2012 | 20120011116
Application for correction of military records (with supporting documents provided, if any). Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. _______ _ X _______ ___ 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.