IN THE CASE OF:
BOARD DATE: 19 March 2009
DOCKET NUMBER: AR20080019820
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 item 13a (Character of Service) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show the entry, Honorable.
2. The applicant states that the DD Form 214 issued upon his separation from active service failed to show his character of service was honorable.
3. The applicant provides a copy of his DD Form 214 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 applicant was inducted on 6 November 1963 and he served as a personnel specialist. On 9 August 1965, he was released from active duty in the temporary rank of specialist four under the provisions of Army Regulation
635-205 for early release to accept seasonal employment. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
3. Item 13a on the applicants DD Form 214 is blank.
4. Orders show the applicant received the first award of the Good Conduct Medal for the period 6 November 1963 to 9 August 1965.
5. The applicants DA Form 24 (Service Record) shows he received conduct and efficiency ratings of excellent throughout his service. Section 6 (Lost Time) on his DA Form 24 is blank.
6. The applicants records do not contain any disciplinary actions.
7. 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.
8. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that one of the following entries in capital letters would be entered in item 13a on the DD Form 214: HONORABLE, UNDER HONORABLE CONDITIONS, or DISHONORABLE. The regulation also states that when an enlisted person is transferred or returned to a Reserve Component, enter either, HONORABLE or UNDER HONORABLE CONDITIONS, whichever is appropriate.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was released from active duty and transferred to the USAR. His records show he received conduct and efficiency ratings of excellent throughout his service, he received the first award of the Good Conduct Medal for the period 6 November 1963 to 9 August 1965, and his records do not contain any disciplinary actions. Based on the foregoing, it is reasonable to presume that the applicants character of service was honorable. Therefore, it would be appropriate to correct item 13a on his DD Form 214 to show the entry, Honorable.
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 adding the entry, HONORABLE in item 13a on his DD Form 214.
_______ _ 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) AR20080019820
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ABCMR Record of Proceedings (cont) AR20080019820
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