IN THE CASE OF:
BOARD DATE: 19 February 2009
DOCKET NUMBER: AR20080016909
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 his undesirable discharge be upgraded to an honorable discharge.
2. The applicant states that he was 15 years old when he enlisted and was
17 years old when he was stationed in Germany. He also states that he does not understand why he was given an undesirable discharge.
3. The applicant provides a brief history of his service time in support of this 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 only military record available is his DD Form 214 (Report of Separation from the Armed Forces of the United States). His other military records could not be located and are presumed destroyed in the fire at the records repository at St. Louis in 1973.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on
3 November 1953 and was awarded the military occupational specialty of light weapons infantryman. The applicant's records do not show any significant acts of achievement or valor during his military service.
4. While the applicant's discharge packet is not available, his DD Form 214 shows he was discharged on 24 May 1956 with an undesirable character of separation under the provisions of Army Regulation 615-368 after completing
2 years, 6 months, and 18 days of active military service with 4 days of lost time. The remarks block contains an entry of "habits rendering retention in the service undesirable." His DD Form 214, Item 10, Date of Birth has been altered, so the applicants date of birth is unknown.
5. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
6. Army Regulation 615-368, then in effect, set forth the policy and procedures for separation of enlisted personnel for unfitness. Unfitness included misconduct, habits and traits of character manifested by antisocial or amoral trends, chronic alcoholism, criminalism, drug addiction, pathological lying, homosexuality, sexual perversion, habitual shirking, and repeated venereal infections. Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was unsuccessful, impractical or was unlikely to produce a satisfactory Soldier. When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, a presumption of regularity must be presumed, that what the Army did was correct. As such, even though the applicants records do not contain his discharge packet, it is presumed that his discharge process was accomplished in accordance with applicable regulations.
2. While it is not possible to verify the applicants age at the time of his service, there is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed military training.
3. 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) AR20080016909
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ABCMR Record of Proceedings (cont) AR20080016909
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