RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 September 2004
      DOCKET NUMBER:  AR2004102774


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Melvin H. Meyer               |     |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, that his general, under honorable
conditions discharge (GD) be upgraded to an honorable discharge (HD).

2.  The applicant states, in effect, that his separation document (DD Form
214) should be corrected to show he received an HD.

3.  The applicant provides an Honorable Discharge Certificate in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 26 February 1954.  The application submitted in this case
is dated 22 January 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 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 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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant’s DD Form 214, a copy of separation orders and the Honorable
Discharge Certificate provided by the applicant.

4.  The applicant’s DD Form 214 shows that he enlisted in the Regular Army
for
3 years and entered active duty on 15 March 1951.  It further shows that he
served overseas for 2 years, 2 months and 21 days and earned the following
awards during his tenure on active duty:  Combat Infantryman Badge (CIB),
Korean Service Medal with 3 bronze service stars, United Nations Service
Medal, Army of Occupation Medal, and National Defense Service Medal.

5.  The applicant’s separation document further confirms that he was
released from active duty at the expiration of his term of service after
completing 2 years, 11 months and 12 days of active military service and
that he accrued no lost time during his enlistment.  This document also
indicates that the character of the applicant’s service was general, under
honorable conditions.

6.  A copy of Headquarters, Fort Sheridan, Illinois Special Orders Number
47, dated 25 February 1954, directed that the applicant’s separation and
that he be issued a DD Form 257A (General Discharge Certificate).

7.  The applicant provides a copy of an Honorable Discharge Certificate,
dated 26 February 1954.  This document indicates he was honorably
discharged from the Army of the United States on 26 February 1954.

8.  Army Regulation 635-200, currently in effect, sets forth the basic
authority for the separation of enlisted personnel.  Chapter 4 provides the
policy for the separation of soldiers upon the completion of their term of
service or fulfillment of their service obligation.  Army policy states, in
pertinent part, that soldiers separated under this chapter of the
regulation will be awarded an honorable discharge unless they are in an
entry-level status.

9.  Department of Defense Directive (DODD) 1332.28, dated 11 August 1982,
Subject: Discharge Review Board Procedures and Standards, establishes
uniform policies, procedures, and standards for the review of discharges or
dismissals under Title 10, United States Code, section 1553, and applies to
the Office of the Secretary of Defense and the Military Departments.

10.  Section 4 of DODD 1332.28 sets forth the objectives for discharge
review.  It provides, in pertinent part, that a discharge shall be deemed
equitable unless the policies and procedures under which the applicant was
discharged differ materially from those currently in effect, provided that
the current policies or procedures represent a substantial enhancement of
rights and there is substantial doubt that the same result would have been
obtained under the current standards.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s separation document and the separation orders published
at Fort Sheridan, Illinois, confirm his service was characterized as
general, under honorable conditions and that he was supposed to be issued a
DD Form 257A.

2.  The applicant’s record is void of the facts and circumstances that
would have led to his service being characterized as less than fully
honorable.  Further, it is clear the applicant was in fact issued an
Honorable Discharge Certificate and not the DD Form 257A directed in his
separation orders.

3.  The applicant’s separation document confirms he served in Korea and
earned the CIB based on this combat service.  This service seems to be more
than sufficiently meritorious to warrant a fully honorable characterization
of service.

4.  Current Army policy mandates that all soldiers who serve to the
expiration of their term of service receive a fully honorable
characterization of service.  A general, under honorable conditions
characterization is not authorized.  Thus, the applicant’s characterization
of service is inequitable under current standards.

5.  Had the ADRB reviewed the applicant’s discharge under DODD 1332.28, it
is reasonable to presume his discharge would have been upgraded based on
the application of the current regulation for discharges by reason of ETS.
Although DODD 1332.28 provides policy for review of discharges by Discharge
Review Boards, it appears appropriate for this Board to adopt and apply the
standards set forth in this directive for this particular case given the
honorable nature of the applicant’s service.

6.  Accordingly, in view of the current standards for discharges for
individuals who complete their term of service, a general, under honorable
conditions characterization of service was unduly harsh and it would now be
appropriate to correct this inequity by correcting the applicant’s record
to show his service was characterized as fully honorable.
BOARD VOTE:

_JNS____  __LE____  __MHM_  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that the individual concerned
was separated from active duty on 26 February 1954 with an honorable
characterization of service; and by providing him a corrected separation
document that reflects this change.




            ____JOHN N. SLONE  ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102774                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1954/02/26                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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