BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090007539
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 1 May 1947 honorable discharge be changed to a medical disability separation.
2. The applicant states he injured himself carrying a .30 caliber machine gun up a steep hill. He was mistakenly separated with an honorable discharge rather than a medical disability discharge.
3. The applicant provides copies of his separation documents.
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's 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 applicant's records were lost or destroyed in that fire. However, there are sufficient documents available for the Board to conduct a fair and impartial review of this case.
3. The applicant's Enlisted Record and Report of Separation-Honorable Discharge shows:
a. the applicant enlisted in the Regular Army on 23 August 1946;
b. he completed training and was awarded military occupational specialty 345 (light truck driver); and
c. he was separated with an honorable discharge on 1 May 1947 under the provisions of Army Regulation 615-369.
4. Army Regulation 615-369, then in effect, provided the policy and procedures for the administrative separation of enlisted personnel for inaptitude, unsuitability (which meant a lack of the required degree of adaptability) or enuresis. Lack of adaptability could be caused by insufficient physical stamina; transient personality reactions; or character and behavior disorders such as schizoid paranoid, inadequate and immature personalities. The regulation could not be applied to persons who had any disqualifying mental or physical defect.
5. There is no available evidence that the applicant had any disqualifying medical or physical condition.
6. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he injured himself carrying a .30 caliber machine gun up a steep hill. He was mistakenly separated with an honorable discharge rather than a medical disability discharge.
2. The available evidence does not show the applicant had any medical problem that would have required processing through medical channels. In the absence of such evidence there is no basis for granting the applicants request.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090007539
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