IN THE CASE OF:	  

	BOARD DATE:	    12 August 2008

	DOCKET NUMBER:  AR20080005396 


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 requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to upgrade his characterization of service to honorable. 

2.  The applicant states that he served his full term of service and his general discharge under honorable conditions must be a mistake.

3.  The applicant provides no supporting documentation.

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.  On 27 January 1960, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 640.00 (Light Vehicle Driver).

3.  On 20 October 1960, the applicant was convicted by a summary court-martial of not reporting to morning formation.  His sentence consisted of a forfeiture of $50.00 pay per month for 1 month.  

4.  On 16 November 1960, the applicant was convicted by a summary court-martial of not signing out on official pass/leave and of being absent without leave (AWOL) for 2 days.  His sentence consisted of a forfeiture of $50.00 pay per month for 1 month and 45 days restriction.  On 28 November 1960, the findings of guilty as pertained to the charge and specification of not signing out on pass/leave was set aside.

5.  On 8 December 1961, the applicant was convicted by a summary court-martial of disobeying a lawful order.  The sentence consisted of reduction to pay grade E-2 and a forfeiture of $30.00 pay per month for 1 month.

6.  Section I (Appointments, Promotions, or Reductions) of the applicant’s Service Record (DA Form 24) shows:

	a.  that on 29 May 1962, he was promoted to private first class (Temporary), pay grade E-3;

	b.  that on 1 July 1962, he was appointed to private first class (Permanent), pay grade E-3; and

      c.  that on 17 December 1962, the applicant was reduced to private, pay grade E-2 due to misconduct [explanation not available in records]. 
 
7.  Section 4 (Chronological Record of Military Service) of the applicant’s DA Form 24 shows that his conduct and efficiency ratings were good to excellent with the exception of a short period of time from 23 September 1960 to 1 February 1961, when they were unsatisfactory.

8.  Section 10 (Remarks) of the applicant’s DA Form 24 shows that at the time of his release from active duty, he had received a reenlistment code 1 (RE-1), and was fully eligible for reentry into the military.


9.  On 25 January 1963, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had completed 2 years, 11 months, and 29 days of creditable active duty.  His characterization of service was under honorable conditions.

10.  Army Regulation 635-200 (Personnel Separations), as in effect at the time, provided the general provisions governing the release from active duty of enlisted personnel.  It provided, in pertinent part, that the issuance of an honorable discharge is conditioned upon proper military behavior and proficient and industrious performance of duty, giving due regard to the rank or grade held and the capabilities of the individual concerned.  An honorable discharge would be furnished when the individual met the following qualifications:

	a.  had conduct ratings of at least “Good”;

	b.  had efficiency ratings of at least “Fair”;

	c.  had not been convicted by a general court-martial; and

	d.  had not been convicted more than once by a special court-martial.

11.  This regulation further provided that notwithstanding the foregoing criteria, during the current term of service when disqualifying entries in the individual’s service record are outweighed by subsequent honest and faithful service over a greater period of time, an honorable discharge may be furnished.  In addition, careful consideration will be given to the nature of the offense and sentence adjudged by a court-martial and when, in the opinion of the officer effecting discharge these have not been too serious and severe, and the remainder of the service in the enlistment has been such that an honorable discharge would have been granted had the conviction not occurred, an honorable discharge may be awarded.  When there is doubt as to whether an honorable or general discharge should be furnished, the doubt should be resolved in favor of the individual.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the quality of the applicant’s service merited an honorable characterization of service.  While he did receive three summary courts-martial, he did not receive any general or special courts-martial. Furthermore, all of his misconduct consisted of offenses deemed minor as evidenced by the level of punishment rendered.  

2.  In view of the above, his DD Form 214 should be corrected to show that he was released from active duty with an honorable discharge.

BOARD VOTE:

____X____  __X____  ____X___  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:

      a.  correcting his DD Form 214 to show that he was released from active duty, effective 25 January 1963, with an honorable discharge; and
      
      b.  issuing him an Honorable Discharge Certificate for his service ending on 25 January 1963.



	___________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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ABCMR Record of Proceedings (cont)                                         AR20080005396



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