RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 November 2005
DOCKET NUMBER: AR20050004703
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. Judy L. Blanchard | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Mr. Patrick H. McGann, Jr. | |Member |
| |Mr. Larry J. Olson | |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 her late husband the Former
Service Member’s (FSM) discharge be upgraded.
2. The applicant states, in effect, that her late husband the FSM
discharge should be upgraded because he was in combat service, he was
wounded in action, his record of being absent without leave indicates only
minor offenses, he was awarded the Purple Heart decoration and after his
discharge and until his untimely death he was a good citizen.
3. The applicant provides a copy of his Certification of Military Service,
a copy of his Report of Separation from the Armed Forces of the United
States (DD Form 214), a copy of their marriage license and a copy of the
FSM’s Certificate of Death in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or
injustice, which occurred on 4 August 1953, the date the FSM was separated
from active duty. The application submitted in this case is dated 13 March
2005.
2. The FSM’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 FSM’s
records were lost or destroyed in that fire. This case will be considered
by the Board using a reconstructed record that consists of the FSM
separation document (DD Form 214).
3. The FSM’s DD Form 214 shows that he enlisted in the Regular Army and
entered active duty on 29 June 1950. The separation document further shows
that he completed 1 year and 4 months of overseas service, and that he
earned the following awards during his active duty tenure: The Purple
Heart and the Korean Service Medal (KSM) with three bronze service stars.
4. The FSM’s DD Form 214 also shows that he was separated under the
provisions of Army Regulation 615-368, by reason of unfitness on 4 August
1953. At the time, he held the rank of private, and had completed a total
of 1 year,
11 months and 6 days of creditable active military service. This document
also shows that he accrued 420 days of time lost.
5. Army Regulation 615-368, in effect at the time, set forth the basic
authority, established the policy, and prescribed the procedures for
separating members for unfitness. An Undesirable Discharge (UD) was
normally considered appropriate for members separating under these
provisions.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention was carefully considered. However, there is
insufficient evidence to support upgrading the FSM’s discharge.
2. The available evidence is void of a discharge packet containing the
facts and circumstances concerning the events that led to his discharge.
However, there is a properly constituted DD Form 214 on file that was
authenticated by the FSM with his signature. This document identifies the
reason and characterization of the discharge and carries a presumption of
Government regularity in the discharge process.
3. Lacking evidence to the contrary, it is presumed that all requirements
of law and regulation were met and that the rights of the FSM were
protected throughout the separation process. Further, the DD Form 214
clearly shows the FSM accrued 420 days of time lost. As a result, it
appears the UD that the FSM received was appropriate.
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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JS___ __PHM__ __LJO___ 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 for correction of the
records of the individual concerned.
______ John Slone ______
CHAIRPERSON
INDEX
|CASE ID |AR20050004703 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051123 |
|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. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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