RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 OCTOBER 2004
DOCKET NUMBER: AR2004103096
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 |
| |Ms. Deborah L. Brantley | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred Eichorn | |Chairperson |
| |Ms. Linda Simmons | |Member |
| |Mr. Richard Dunbar | |Member |
The Board considered the following evidence:
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 a previous
request to upgrade the characterization of his service.
2. The applicant states that he would like his Department of Defense Form
214 (Certificate of Release or Discharge from Active Duty) to “be
consistent with the Department of the Army and Veterans Administration
records that, at an unknown date to [him], upgraded [his] discharge to
honorable.”
3. The applicant provides an 8 January 2004, unsigned statement, from the
Department of Veterans Affairs, indicating the character of discharge as
“Honorable VA / Admin Decision.”
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
AR1999021007, on
30 June 1999.
2. The unsigned Department of Veterans Affairs statement constitutes new
evidence, which was not previously evaluated by the Board.
3. The statement notes that the applicant served on active duty with the
Army between 8 May 1977 and 7 December 1979 and that the “character of
discharge” was “honorable VA / Admin Decision.” It notes that the
information was “certified to VA by military branch of service or shown on
official military documents.” The statement appears to be a form letter
and is not supported or explained by any other documentation.
4. A Department of Veterans Affairs pamphlet, titled Federal Benefits for
Veterans and Dependents notes that veterans with disabilities incurred or
aggravated during active military service may qualify for medical or
related benefits regardless of separation and characterization of service.
5. There were no documents in the applicant’s Official Military Personnel
File indicating that his discharge was ever upgraded or recharacterized.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s argument that his 1979 discharge was upgraded or
recharacterized by the Army is without foundation. His entire record
continues to reflect the under other than honorable conditions discharge
recorded on his 1979 separation document.
2. While it is unclear why the Department of Veterans Affairs document
indicates that the applicant’s service characterization was honorable, it
does suggest that the determination was an administrative determination by
the VA. The information on the statement, however, is not evidence of any
error or injustice in the applicant’s Army record, nor does it serve as a
basis to change the information recorded on his Department of Defense Form
214.
3. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__FE____ __LS ___ ___RD __ 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 to amend the decision of
the ABCMR set forth in Docket Number AR1999921997, dated 30 June 1999.
______Fred Eichorn________
CHAIRPERSON
INDEX
|CASE ID |AR2004103096 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041014 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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