RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070006822


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 undesirable discharge be
upgraded.

2.  The applicant states, in effect, that he was a young man inappropriate
for military service due to his lack of military education, functional
illiteracy, and cultural backwardness.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
From the Armed Forces of the United States), a memorandum for the State of
Vermont Veterans Affairs, and a VA Form 21-22 (Appointment of Veterans
Service Organization as Claimant’s Representative).

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is requesting correction of an alleged injustice which
occurred on 23 March 1956, the date of his release from active duty.  The
application submitted in this case is dated 27 April 2007.

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 for the Board to conduct a fair and impartial
review of this case.  The primary record available to this Board is the
applicant’s DD Form 214 (Report of Separation from the Armed Forces of the
United States) with an effective date of separation of
23 March 1956.



4.  The applicant's DD Form 214 shows that he was inducted into the Army of
the United States on 19 May 1954, for a period of 2 years.  He successfully
completed basic combat and advanced individual training and was awarded the
military occupational specialty 510.00 (Construction Helper).

5.  On 23 March 1956, the applicant was released from active duty.  He had
completed 1 year, 3 months, and 1 day of active service that was
characterized as undesirable.  He had 316 days time lost.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows that he was awarded the National Defense Service Medal.

7.  Item 38 (Remarks) show Item 8 (Reason and Authority for Separation) was
unfitness; habits and traits rendering retention in service undesirable.

8.  Special Order number 53, Headquarters, Fort Devens, Massachusetts,
dated
16 March 1956, shows that the applicant was discharged in accordance with
AR 615-360 effective 23 March 1956 and issued a DD Form 214 and a DD Form
258A (Undesirable Discharge certificate).

9.  Army Regulation 615-360 (Enlisted Personnel, Discharge, General
Provisions), in effect at the time, provided that an honorable discharge
certificate would be furnished when the individual had character ratings of
at least "very good," had efficiency ratings of at least "excellent," had
not been convicted by a general court-martial, and had not been convicted
more than once by a special court-martial.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity. The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The contention of the applicant was carefully considered and found to
be insufficient in merit.


2.  The applicant’s DD Form 214 shows that he had 316 days of lost time and
Special Orders Number 53 show that he received a undesirable discharge.
Therefore, his quality of service did not meet the standards of acceptable
conduct and performance of duty for Army personnel.  Therefore, the
applicant is not entitled to an upgraded discharge.

3.  Although the applicant's military service records were not available it
is presumed that the Army's processing of the applicant for discharge was
correct. The applicant has the burden of proving an error or injustice by a
preponderance of the evidence.

4.  In order to justify correction of a military record the applicant must,
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.

5.  The ABCMR begins its consideration of each case with the presumption of
administrative regularity.  In the absence of evidence to the contrary, it
is determined that all requirements of law and regulations were met and the
rights of the applicant were fully protected throughout the separation
process.  Further, it is determined that the type of discharge was
appropriate considering all the facts of the case.

6.  The ABCMR does not upgrade discharges based solely on the passage of
time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP _  ___LMD_  ___JLP__  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ____William D. Powers_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070006822                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/25                              |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19560323                                |
|DISCHARGE AUTHORITY     |AR 615-360. . . . .                     |
|DISCHARGE REASON        |Unfitness, habits and traits rendering  |
|                        |retention in service undesirable        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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