IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080010764
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, in effect, that his general discharge be upgraded to honorable.
2. The applicant states, in effect, that he had a medical condition (chronic eczematoid dermatitis, fingers and hands) and a mental condition (terrorized by another Soldier, harassed and threatened with bodily harm) at the time of his discharge and that it is his belief these were contributing factors to the reason for his discharge. He contends that he received excellent ratings prior to his medical condition and that he was not able to fulfill his daily duties as a result.
3. The applicant provides a personal statement; a Fort Dix Form 0466 (Physical Condition), dated 18 March 1958; a clinical record cover sheet, dated 8 October 1957; three photographs; a Department of Veterans Affairs letter, dated
18 November 2002; a health record, dated 9 May 1957 to 3 March 1958; a certificate, dated 4 February 1958; and a copy of his DD Form 214 (Report of Transfer or Discharge).
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 was inducted on 18 February 1957 and trained as a field communications crewman.
3. The facts and circumstances surrounding the applicants discharge are not contained in the available records. However, his DD Form 214 shows that he was discharged with a general discharge on 19 March 1958 under the provisions of Army Regulation 635-209 for unsuitability. He had served 1 year, 1 month, and 2 days of active creditable service.
4. In support of his claim, the applicant provided a clinical record, dated
8 October 1957, which shows he was treated for eczema, dishydrodic, both hands; and lymphadenitis, acute, right axilla, secondary to old infected wound, right hand. He also provided a Fort Dix Form 0466, dated 18 March 1958, which shows he reported that his eczema condition had gotten worse since
18 February 1958.
5. There is no evidence of record which shows the applicant was diagnosed with a mental condition prior to his discharge.
6. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
7. Army Regulation 635-209, in effect at the time, set forth the policy and prescribed procedures for eliminating enlisted personnel for unsuitability. Action was to be taken to discharge an individual for unsuitability when, in the commander's opinion, it was clearly established that: the individual was unlikely to develop sufficiently to participate in further military training and/or become a satisfactory Soldier or the individual's psychiatric or physical condition was such as to not warrant discharge for disability. Unsuitability included inaptitude, character and behavior disorders, disorders of intelligence and transient personality disorders due to acute or special stress, apathy, defective attitude, and inability to expend effort constructively, enuresis, chronic alcoholism, and homosexuality. Evaluation by a medical officer was required and, when psychiatric indications are involved, the medical officer must be a psychiatrist, if one was available. A general or honorable discharge was considered appropriate.
8. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the members service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
The applicants contentions were noted. However, in the absence of evidence to the contrary, it must be presumed that the applicants separation was administratively correct and in conformance with applicable regulations. Without having the discharge packet to consider, it is presumed his characterization of service was commensurate with his overall record of service. As a result, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ __xx____ 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.
_______xxxx _______ ___
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.
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