BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090020292 


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, an upgrade of his undesirable discharge to an honorable discharge.

2.  The applicant states, in effect, that he enlisted in the U.S. Army in 1942 at the age of 17 because he wanted to make the Army a career.  He contends that some time during his second enlistment, the Army underwent racial integration.  This caused turmoil within the ranks and he believes that he was a casualty of those times.

3.  The applicant provides a self-authored letter, dated 25 February 1986, a 
DD Form 214 (Report of Separation from the Armed Forces of the United States) and a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 for review.  A fire destroyed approximately 18 million service member’s records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  A reconstructed record is being used which consists of the following documents:

* A Standard Form (SF) 180 (Request Pertaining to Military Records)
* Two DD Forms 214
* Special Orders Number 144 from Headquarters Fort Gordon GA dated 
20 June 1957
* An extract of an Affiliation File Listing 1954 (Korea)
* An extract of a U.S. Army Surgeon General Office (SGO) Hospitalization File Listing for 1950-53 (Korea)
* Four Hospital Admission Cards created by the SGO for the periods 
1942 through 1945 and 1950 through 1954

3.  The applicant enlisted in the Regular Army on 17 December 1948 and he served until he was honorably discharged on 7 January 1952. 

4.  On 8 January 1952, he reenlisted for a period of 6 years and military occupational specialty 520.00 (Utilities Worker).  

5.  The available evidence shows he was awarded the Army of Occupation Medal and National Defense Service Medal.  

6.  On 24 June 1957, he was issued an undesirable discharge.  The applicant's DD Form 214, item 11c (Reason and Authority) shows he was discharged under the provisions of Army Regulation 635-208 (Personnel Separations) due to unfitness.  He had completed 8 years and 2 months of total active service with 127 days of time lost.  

7.  The available records do not show whether he received a court-martial or nonjudicial punishment. 

8.  There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

9.  Army Regulation 635-208, then in effect, set forth the basic authority for separation of enlisted personnel for unfitness.  Unfitness included frequent incidents of a discreditable nature with military or civilian authorities, sexual perversion, drug abuse, use of marijuana and an established pattern of dishonorable failure to pay just debts.  Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was impractical or was unlikely to produce a satisfactory Soldier.  When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

11.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he wants his undesirable discharge upgraded to an honorable discharge due to turmoil caused by the integration of the Army at the time of his service.  His contentions were carefully considered but not supported by the evidence.

2.  The applicant was discharged under the provisions of Army Regulation      635-208 for unfitness.  In the absence of evidence to the contrary, it is presumed that based on the type of discharge he received that he did not meet the standards of acceptable conduct and performance of duty for Army personnel.  The available evidence documents no acts of valor or significant achievement.  The applicant had 127 days of lost time.  Therefore, the type of discharge directed and the reasons for separation appear to have been appropriate.  

3.  Based on the foregoing, there is insufficient basis to upgrade the applicant's undesirable discharge to an honorable or a general discharge.



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)                                         AR20090020292



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090020292



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1