IN THE CASE OF:	  

		BOARD DATE:	       26 AUGUST 2009

		DOCKET NUMBER:  AR20090005321 


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, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).  

2.  The applicant states, in effect, he received a GD in 1947 and appealed it because the only reason he was discharge early was because he returned to the United States a few days before his enlistment ended.  He states that his discharge was upgraded to an HD in 1948, but he misplaced it, but thought his record was corrected years ago.  He requests a new HD be issued to him now.

3.  The applicant provides a National Personnel Records Center (NPRC) letter 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 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 applicant's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-58 Enlisted Record and Report of Separation-General Discharge) , WD AGO Form 100 (Separation Qualification Record), and various documents remaining in the NPRC file and provided by the applicant.  

3.  The applicant's WD AGO Form 53-58 shows he enlisted in the Regular Army and entered active duty on 30 June 1946.  He served in military occupational specialty (MOS) 745 (Rifleman).  This separation document also shows that during his active duty tenure, he earned the Army of Occupation Medal with Japan Clasp and World War II Victory Medal.  It also shows he served in the Pacific Theater of Operations from 12 December 1946 through 20 October 1947, and that he participated in no battles or campaigns.  

4.  Item 3 (Grade) of the applicant's WD AGO Form 53-58 shows he held the rank of private first class (PFC) on the date of his discharge and item 38 (Highest Grade Held) shows that PFC was the highest rank he attained while serving on active duty.  Item 40 (Reason and Authority for Separation) shows that he was discharged under the provisions of paragraph 1 (secretarial authority), 
Army Regulation 615-365, dated 14 May 1947, for the convenience of the government by direction of the Secretary of the War.

5.  The applicant's WD AGO Form 53-58 shows he was discharged on 
12 November 1947, with a general discharge, after completing 1 year, 4 months and 13 days of active military service.  

6.  The applicant's WD AGO Form 100 shows he served as a rifleman and that he fired and maintained M-1, carbine, and browning automatic rifles.  He performed interior and exterior guard duty and he also helped in training men at rehabilitation centers.  It further indicates he was familiar with various types of hand and shoulder weapons.  

7.  Army Regulation 635-365, in effect at the time, prescribed the policy for separation for the convenience of the government.  The regulation stipulated that unless otherwise directed in this regulation or by the approved proceedings of a board of officers, an honorable discharge (WD AGO Form 53-55) would be given. 


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have received an honorable discharge was carefully considered and found to have merit.  By regulation, members discharged for the convenience of the government under secretarial authority unless otherwise directed in the governing regulation or by the approved proceedings of a board, received an honorable discharge.

2.  Although the applicant's military record is not available to the Board, there appears to be no provision of the governing regulation, board action, or apparent misconduct documented on his WD AGO Form 53-58 that would have resulted in his receiving a less than fully honorable discharge at the time.  

3.  Further, the applicant's WD AGO Form 53-58 shows he served in the PTO and earned the Army of Occupation Medal with Japan Clasp and World War II Victory Medal.  It also confirms he was discharged in the rank of PFC and that this is the highest grade he held while serving on active duty and that he accrued no lost time during his active duty tenure.  As a result, there appears to be no evident misconduct that would have warranted him not receiving a fully honorable discharge.  As a result, given the honorable nature of his overall record of military service, as reflected on his WD AGO Form 53-58 and WD AGO Form 100, it would be appropriate and serve the interest of equity to upgrade the applicant's discharge to fully honorable at this time.  

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 
showing that the individual concerned was discharged from active duty on 
12 November 1947 with an honorable characterization of service/discharge; and by providing him a corrected separation document (DD Form 214) that reflects this change.  




      _______ _   _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)                                         AR20090005321



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ABCMR Record of Proceedings (cont)                                         AR20090005321



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