IN THE CASE OF:	  

		BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090014596 


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 an upgrade of his undesirable discharge to an honorable discharge.

2.  The applicant states that he believes he was suffering from what is now known as post traumatic stress disorder (PTSD).

3.  In support of his application, the applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 17 July 1954 and an undated letter of support from a retired Vietnam veteran.

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 records are 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 his records were lost or destroyed in that fire.  However, there was sufficient documentation remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s available military record shows he enlisted in the Regular Army (RA) in pay grade E-1 on 4 January 1951, for 3 years.  The record does not show he completed training or was he awarded a military occupational specialty (MOS).

4.  The facts and circumstances surrounding the applicant's discharge are not present in the reconstructed records.  However, his records contained a copy of his DD Form 214 which shows that he was discharged on 17 July 1954, in pay grade E-1, with an undesirable discharge, under the provisions of Army Regulation 615-368 (Enlisted Men - Discharge - Unfitness (Undesirable Habits or Traits of Character) by reason of unfitness – traits of character rendering retention in the service desirable.  He was credited with completing 2 years,
9 months, and 28 days of net active service with 259 days of lost time due to absence without leave (AWOL) and confinement.  He was also credited with
1 year, 10 months, approximately 20 days (not legible on the DD Form 214) of foreign service and with Company K, 7th Cavalry Regiment, in Korea.

5.  There is no record that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations.

6.  The applicant submitted a letter from a retired Vietnam veteran.  The individual stated that after talking to the applicant on many occasions he believes the applicant was wrongfully given an undesirable discharge.  Having served in Vietnam, it was his opinion that the applicant was (and still is) suffering from PTSD which at the time was an unheard of ailment affecting the troops in combat zones.  He requested the Board to award the applicant an honorable discharge since he served in Korea bravely.

7.  Army Regulation 615-368, then in effect, provided in pertinent part, the policies, procedures, and guidance for the prompt elimination of enlisted personnel who were determined to be unfit for further military service.  Individuals determined to possess undesirable habits and traits were discharged under this regulation.  An undesirable discharge was normally issued.

8.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 3-7a, provided that an honorable discharge was a separation with honor.  The honorable characterization was appropriate when the quality of the member's service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would be inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to an upgrade of his undesirable discharge to an honorable discharge.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The applicant’s contention has been noted; however, the evidence of record shows he had accumulated a total of 259 day of lost time due to AWOL and confinement.  An absence of this duration is serious and there is insufficient evidence to show that the applicant now deserves an upgrade of his discharge.  The applicant has provided insufficient evidence to show that his discharge was unjust.  He also did not include any documentation pertaining to a diagnosis of PTSD.  He also has not provided evidence sufficient to mitigate the characterzation of his discharge.

3.  It appears the applicant's administrative separation was accomplished in compliance with applicable regulations in effect at the time, with no procedural errors, which would tend to jeopardize his rights.  In the absence of evidence to the contrary, Government regularity in the discharge process is presumed.

4.  In order to justify correction of a military record, the applicant must show, 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.

5.  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)                                         AR20090014596



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ABCMR Record of Proceedings (cont)                                         AR20090014596



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