IN THE CASE OF:
BOARD DATE: 12 FEBRUARY 2009
DOCKET NUMBER: AR20080017861
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 that his general discharge be upgraded to honorable.
2. The applicant states, in effect, that he was activated from the Enlisted Reserve Corps (ERC) for three years and that he was stationed in France. He contends that when he returned from a three-day pass, he was arrested by military policemen for stealing two billfolds/wallets which were found on the top of his foot locker. He claims that he had a hurry-up hearing, that he did not have a lawyer or any help, and that he received ninety days in jail. He indicates that he was innocent of the charge. He also states that there was a lot of billfold theft at the time (billfolds were stolen from hanging pants while Soldiers showered).
3. The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States); a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); and a letter, dated 18 September 2008, from the National Personnel Records Center in St. Louis, Missouri 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 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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was ordered to active duty from the ERC on 10 June 1951 for a period of 24 months. On 9 July 1953, he was discharged with a general discharge under the provisions of Army Regulation 615-360 for expiration term of service.
4. The applicants DD Form 214 for the period ending 9 July 1953 shows that he had 90 days of lost time.
5. Army Regulation 615-360, in effect at the time, set forth the general provisions governing the discharge of enlisted personnel. It states, in pertinent part, that Army Regulation 615-360 applied to individuals discharged for expiration of service. It is the policy of the Department of the Army to base evaluation of an individual's service and character on his overall enlistment period rather than on any disqualifying entries in his service record during a particular portion of his current service.
DISCUSSION AND CONCLUSIONS:
The applicants contentions were considered. However, in the absence of evidence to the contrary, it must be presumed that the applicants separation in 1953 was administratively correct and in conformance with applicable regulations. Based on 90 days lost time, it is presumed the commander determined the applicant's service was insufficiently meritorious to warrant a fully honorable characterization of service.
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.
_______ _XXX _______ ___
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) AR20080017861
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080017861
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110018567
He completed 1 year, 10 months, and 13 days of net active service that was characterized as general under honorable conditions. Special Regulation 615-363-5, in effect at the time, stated each male person enlisted or inducted after 19 June 1951 and while under 26 years of age who served on active duty for a period of less than 8 years would, provided he meets current qualifications for enlistment as a reservist of the Army (excessive time lost during period of active service is not...
ARMY | BCMR | CY2008 | 20080000747
He was given a general discharge, dropped in rank, and discharged from the service. The applicants military records are not available to the Board for review. He was discharged with a general discharge under honorable conditions on 6 October 1954 upon the expiration of his term of service under the provisions of Army Regulation 615-360 after completing 3 years, 1 month, and 5 days of creditable active service with 69 days of lost time.
ARMY | BCMR | CY2009 | 20090006584
The applicants military records are not available to the Board for review. The applicant's reconstructed record shows he enlisted in the Regular Army for a period of 3 years on 29 October 1948 and was discharged on 30 May 1951 for the purpose of immediate reenlistment. With respect to the applicant's rank/grade, the evidence of record shows that the applicant was promoted to the permanent rank/grade of PV2/E-2 on 20 August 1953.
ARMY | BCMR | CY2005 | 20050002478C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 November 2005 DOCKET NUMBER: AR20050002478 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. Carmen Duncan | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that Item 19 (Date and Place of Entry Into Active...
ARMY | BCMR | CY2004 | 2004103838C070208
The applicant requests, in effect, correction of his separation document (DD Form 214). The applicant’s military records are not available to the Board for review. Further, the awards referred to by the applicant that are not already entered in Item 27 of his DD Form 214 are World War II awards and were authorized for service between 1941 and 1946.
ARMY | BCMR | CY2011 | 20110003402
The applicant provides: * His DD Form 214 for the period ending 12 November 1952 * Two DA Form 1577 * An excerpt from a medical record * A letter from the National Personnel Records Center (NPRC), dated 31 January 2011 CONSIDERATION OF EVIDENCE: 1. This document shows he had requested a copy of a DD Form 215 (Correction to DD Form 214 (Report of Separation from the Armed Forces of the United States) which was not located; however, it was noted that his reconstructed record contained both DD...
ARMY | BCMR | CY2004 | 20040000559C070208
The evidence shows that the applicant was discharged within 120 days of his ETS upon his return from overseas in accordance with the regulations in effect at the time. In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust. Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 June 1950, the date of his discharge; therefore, the time...
ARMY | BCMR | CY2014 | 20140012351
The applicant requests correction of the reason and authority for his separation shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service) from Certificate of Disability for Discharge to something different. The applicant's complete military records are not available to the Board for review. The applicant's WD AGO Form 53-55 shows he enlisted in the ERC on 28 July 1942 and he entered active duty on 7 May 1943 in Dallas, TX.
ARMY | BCMR | CY2012 | 20120005993
The FSM's military records are not available for review. However, his DD Form 214 indicates his service was characterized as undesirable and shows in: a. item 6 (Effective Date of Separation), he was discharged on 27 July 1951; b. item 8 (Reason and Authority for Separation), his separation authority was Army Regulation 615-366 (Enlisted Personnel Discharge), section IV, by reason of misconduct conviction by civil court and the entry "3rd Ind, Headquarters TIC 17 Jul 51"; c. item 22 (Net...
ARMY | BCMR | CY2013 | 20130015041
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the NARA MPR and applicant's discharge certificate show his SN as "RA XX X3X XXX." Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct SN.