RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 June 2005
      DOCKET NUMBER:  AR20040007341


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy       |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 that his DD Form 214 (Report of Separation from
the Armed Forces of the United States) be corrected to show he received an
honorable discharge.

2.  The applicant states that the top left corner of his DD Form 214 shows
he received a general under honorable conditions discharge.  He did his
time and served his time in the Reserve.  He received an honorable
discharge certificate.

3.  The applicant provides his DD Form 214, his Honorable Discharge
Certificate from the U. S. Army Reserve, a Veterans Affairs Certificate of
Eligibility, a copy of his Geneva Conventions Identification Card, and a
copy of his military identification card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 December 1955.  The application submitted in this case
is dated 7 September 2004.

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 limitations 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 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.

4.  The applicant enlisted in the Regular Army on 3 March 1952.  Item 38
(Remarks) of his DD Form 214 shows he had 305 days of lost time.  He was
released from active duty on 13 December 1955 after completing 1 year,
     11 months, and 9 days of creditable active service and was transferred
to the    U. S. Army Reserve to complete his remaining service obligation.
Item 8 (Reason and Authority for Separation) of his DD Form 214 contains
the entry, "Rel to Army Res Msg DA 361461 dtd 2Nov55 SPN 99 & AR635-250
PETS (see 38)."  The top left corner (unnumbered but entitled, Character of
Separation) shows his characterization of service as general under
honorable conditions.

5.  The applicant was honorably discharged from the U. S. Army Reserve on
    2 March 1960.

6.  Army Regulation 635-250 (Personnel Separations Release to National
Guard and Army Reserve) provided administrative procedures for relief from
active duty and transfer to the Army Reserve, or release to the Army
Reserve or National Guard, of enlisted personnel who had a service
obligation.

7.  Army Regulation 635-200 (Personnel Separations General Provisions for
Discharge and Release) provided for the discharge of enlisted personnel
upon expiration of term of enlistment.  Paragraph 6 stated that individuals
who were discharged or released from active duty would, in addition to a
discharge certificate or a Certificate of Service, be furnished a factual
record of military service rendered, the character and duration thereof,
and the type of separation on the DD Form 214.

8.  Army Regulation 635-200, paragraph 7 stated that the policy of the Army
was to base evaluation of an individual's service and conduct on his
overall enlistment period rather than on any disqualifying entries in his
service record during a particular portion of his current service.  Both
the honorable discharge and the general discharge entitled an individual so
discharged to full rights and benefits.  An honorable discharge certificate
would be furnished when the individual had conduct ratings of at least
"good," had efficiency ratings of at least "fair," had not been convicted
by a general court-martial, or who had not been convicted more than once by
a special court-martial.  Individuals discharged under honorable conditions
which did not qualify them for an honorable discharge would be furnished a
general discharge except under certain specified conditions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided an Honorable Discharge Certificate for his
discharge from the U. S. Army Reserve in March 1960.  He did not provide
and would not have received an Honorable Discharge Certificate for the
period from which he was released from active duty in December 1955 and
which period of service was covered by his DD Form 214.

2.  Although the applicant's records are not available, his DD Form 214
indicates that he had 305 days of lost time.  In the absence of evidence to
the contrary, the Board presumes that for this reason or for some other
reason he did not meet the conduct and efficiency rating requirements or
the court-martial conviction requirements required by the regulation that
would have made him eligible for a fully honorable character of service.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 December 1955; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    12 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 timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mmd___  __teo___  __ym____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            __Melinda M. Darby____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007341                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050630                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1955/12/13                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |A.03                                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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