RECORD OF PROCEEDINGS


	IN THE CASE OF:	   
 

	BOARD DATE:	  7 June 2007
	DOCKET NUMBER:  AR20070000469 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Michael J. Flynn

Member

Mr. Jeffrey C. Redmann

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 general under honorable conditions discharge be upgraded to honorable. 

2.  The applicant states, in effect, that his car broke down causing him to be late in returning to his unit from leave.  He notified his unit by telephone, but when he arrived there was no record of his call.  He was charged with being absent without leave (AWOL) for 10 days.  

3.  The applicant provides a copy of his Report of Separation from the Armed Forces of the United States (DD Form 214). 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 25 May 1953.  The application submitted in this case is dated 
1 December 2006.

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.  On 15 May 1951, at 22 years of age, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 1383 (Fireman).

4.  On 25 May 1953, the applicant was transferred to the United States Army Reserve.  The applicant’s DD Form 214 indicates his character of service as general.  Item 8 (Reason and Authority for Separation) indicates Expiration Term of Service, Special Regulation 615-363-5, Release to USAR.  Item 22 (Net Service Completed for Pay Purposes this Period) indicates 2 years and 1 day.  Item 38 (Remarks) indicates that the applicant was transferred to the USAR for 
5 years and that he had 10 days of lost time.


5.  Special Regulation 615-363-5 (Enlisted Personnel, Release to National Guard and Army Reserve), then in effect,  provided, in pertinent part, for the administrative procedures for relief from active duty, transfer to the Army Reserve, and enforcement of obligations of personnel enlisted or inducted under section 4(d)(1),(2), or (3), Universal Military Training and Service Act.  This regulation was applicable to each person who entered on active duty by enlistment or induction between 25 June 1948 and 19 June 1951, both dates inclusive, while under 26 years of age, and whose period of active duty was less than 3 years. It further provided that each male person in this category, unless sooner discharged, upon completion of his term of induction or enlistment or earlier release under honorable conditions and provided he meets current qualifications for enlistment as a Reservist of the Army (excessive time lost during period of active service is not disqualifying) be transferred to the Army Reserve for a period of 5 years.

6.  Special Regulation 615-360-1 (Enlisted Personnel, Separation of Enlisted Personnel), then in effect, provided , in pertinent part, the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required.  Table I (Regulations governing discharge and release from the active military service) further provided that members released from active military service and transferred to the Reserve components under the authority of Special Regulation 615-363-5 were to receive an Honorable Discharge Certificate (DD form 256A).

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was inducted into the Army of the United States and fulfilled his 2 year contractual obligation and was released from active duty and transferred to the USAR for a period of 5 years.

2.  Regulatory guidance in effect at the time provided for the issuance of an Honorable Discharge Certificate to those members released from active military service and transferred to the Reserve components under the authority of Special Regulation 615-363-5. 

3.  In view of the above, the applicant’s request for upgrade of his discharge should be granted.


4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 May 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
24 May 1956.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__MJF __  __cd____  __JCR __  GRANT FULL 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:

	a.  correcting his DD Form 214 to show his character of service as Honorable; and

	b.  Issuing him an Honorable Discharge Certificate for his period of active military service from 15 May 1951 to 25 May 1953.





___    Carmen Duncan_______
          CHAIRPERSON




INDEX

CASE ID
AR2007000469
SUFFIX

RECON
 
DATE BOARDED
20070607 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
110.0000
2.

3.

4.

5.

6.