RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2008
      DOCKET NUMBER:  AR20070016096


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

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 separation document (DD
Form 214) be corrected to show his service was characterized as honorable.


2.  The applicant states, in effect, that he was discharged by reason of
hardship and his separation document fails to show he received an honorable
discharge (HD).  He indicates that he needs to prove his service was
honorable in order to maintain his police position.

3.  The applicant provides his DD Form 214 in support of his application.

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's record shows that he was inducted into the Army and
entered active duty on 25 March 1968.  He was trained in and awarded
military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic), and
specialist five (SP5) was the highest rank he attained while serving on
active duty.

3.  The applicant's record shows he served in the Republic of Vietnam (RVN)
from 18 May 1969 through 16 September 1969, and that he earned the
following awards during his active duty tenure:  National Defense Service
Medal; Vietnam Service Medal; and RVN Campaign Medal.

4.  On 2 July 1969, the applicant applied for a hardship discharge based on
the serious illness of his father.  The applicant's unit commander
recommended approval of his request and confirmed the applicant's
"Excellent" conduct and efficiency ratings, and on 9 September 1969, the
separation authority approved the applicant's discharge under the
provisions of chapter 6, Army Regulation 635-200, by reason of hardship.

5.  On 17 September 1969, United States Army Personnel Center, Oakland,
California, Special Orders Number 360, authorized the applicant's
discharge, and specified that the applicant would receive an Honorable
Discharge (DD Form 256A).

6.  On 17 September 1969, the applicant was discharged after completing 1
year, 5 months, and 23 days of active military service.  Item 11c (Reason
and Authority) of the DD Form 214 he was issued at the time confirms he was
separated under the provisions of Chapter 6, Army Regulation 635-200, by
reason of hardship.  Item 13a (Character of Service) and Item 13b (Type of
Certificate Issued) are blank.

7.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations) sets the policies, standards and procedures, for the
administrative separation of active duty enlisted Soldiers of the Army.
Chapter 6 contains the policies for the separation of members for
dependency or hardship.  It states, in pertinent part, that the service of
a Soldier separated under hardship provisions will be characterized as
honorable or under honorable conditions.  Before service is characterized
as under honorable conditions, the Soldier must be notified of the specific
factors in the service record that warrant such a characterization.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation in effect at the time of the applicant's discharge
stated, in pertinent part, that Item 13a would contain a characterization
of service and Item 13b would contain the number of the certificate issued,
or the entry "None" in cases when no formal certificate was authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should have contained
an honorable characterization of service was carefully considered and found
to have merit.  The evidence of record confirms the applicant's request for
a hardship discharge was approved by proper authority, and that the orders
authorizing his discharge provided that he would receive an honorable
discharge (DD Form 256A).

2.  Further, the applicant's record contains no derogatory information that
would have supported a less than fully honorable characterization of
service, as evidenced by his commander's recommendation that his discharge
request be approved, which contained "Excellent" conduct and efficiency
ratings.

3.  In view of the facts of this case, it is clear that the lack of a
characterization of service and discharge certificate entry on the DD Form
214 was the result of an administrative error that should be corrected at
this time.  Therefore, it would be appropriate to correct the applicant's
separation document to show his service was characterized as fully
honorable and that he was issued an honorable discharge certificate.

BOARD VOTE:

__MDM  _  __JCR __  __RCH _  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing his service was characterized as honorable in connection with his
discharge by reason of hardship; by issuing him an Honorable Discharge
Certificate (DD Form 256A); and by amending his 17 September 1969 DD Form
214 by adding the entry "Honorable" in Item 13a and the entry "DD Form
256A" in Item 13b; and by providing him a correction to his separation
document that includes these changes.




                            _____Mark D. Manning  __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016096                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/03/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/03/25                              |
|DISCHARGE AUTHORITY     |AR 635-200 C6                           |
|DISCHARGE REASON        |Hardship                                |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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