IN THE CASE OF:
BOARD DATE: 1 July 2008
DOCKET NUMBER: AR20080004606
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant, the daughter of the former service member (FSM), requests, in effect, that her fathers undesirable discharge be upgraded to honorable.
2. The applicant states, in effect, that her father was inducted into the Army at age 17 without permission. He did not have any educational training and could barely write. He was mentally and physically impaired. He did not have a home, no one wanted him, and he had no relatives that cared for him. Although he tried, he could not keep up with other recruits. Now, he has psychotic tendencies and has to have constant care. He is a good man who has had physical and mental problems all his life. He should have never been subjected to military life. He has been a good husband and father. The FSM was mistreated at Fort Benning, Georgia, and at Fort Jackson, South Carolina. He was humiliated and belittled. He was mocked by his commander when he sought medical attention. The commander turned a deaf ear to his requests for medical treatment, placing more degrading work on him as punishment. The Army at that time is not like todays Army. Today, Soldiers are better educated and informed of medical conditions, both mental and physical. It is long past the time to correct this error and to remove the shame his undesirable discharge has caused him all of his life. It is an unfair disgrace that he has carried.
3. The applicant provides copies of a certificate of birth, signed statement from the FSM, and the FSMs identification card with signature.
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 applicants 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 applicants 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 military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. On 9 December 1948, the FSM enlisted in the Regular Army for 3 years. There is no evidence showing that he completed his initial training or that he was awarded a military occupational specialty (MOS).
4. The discharge packet is not available for review. However, the FSMs Report of Separation from the Armed Forces of the United States (DD Form 214) shows that on 10 November 1950, he was discharged under the provisions of Army Regulation 615-366 (Misconduct). He had completed 9 months and 15 days of creditable active duty service and had 409 days of lost time.
5. Item 38 (Remarks) of the FSMs DD Form 214 indicates that he was discharged due to unfitness.
6. Army Regulation 615-366 (Enlisted Personnel Discharge), in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct (fraudulent entry, conviction by civil court, absence without leave, and desertion).
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.
2. The applicants contention that the FSM was mistreated and should have never been subjected to military life is not supported by any evidence.
3. 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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ____X___ 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.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080004606
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