IN THE CASE OF:	  

		BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100027232 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his service is characterized as honorable.

2.  The applicant states, in effect, he went home on emergency leave, his father suddenly died, and he was 3 days late returning to his unit.  Due to the circumstances he decided his mother and sisters needed him at home.  He was hospitalized at Letterman Army Medical Center (LAMC) with stress headaches.  The Army medical doctor suggested that he be given an early release from the military stating a general discharge was commonplace and equal to an honorable discharge.  The applicant found it necessary to psychologically submerge himself into providing for his family and pursuing a career.

3.  Now, the applicant believes his service should rightly be classified as honorable and that maybe he should have been given a hardship discharge.  He was a bandsman with the 7th Infantry Division, located in the Federal Republic of Germany.  He is now 80 years of age and would like his military service to be properly characterized.

4.  The applicant provides a copy of his DD Form 214





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.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  On 28 October 1947, the applicant enlisted in the Regular Army for 3 years.  He served as a bass drummer in the band.

4.  On 20 January 1950, the applicant, who was assigned to the Infantry Casual Detachment E, Camp Stoneman, California, was admitted as a patient to LAMC.

	a.  The applicant was diagnosed with passive-dependency reaction, chronic, moderate, manifested by some degree of indecisiveness and helplessness, headaches, episodes of anxiety hysteria.

	b.  On 2 March 1950, the applicant went on emergency leave.

	c.  On 31 March 1950, the applicant was returned to the hospital in a sick status.

	d.  On 21 April 1950, the applicant was transferred to the medical holding section as not requiring professional care.

5.  The applicant's discharge packet is unavailable for review.  However, his
DD Form 214 shows he was administratively discharged on 28 April 1950, under the provisions of Army Regulation 615-369.  His service was characterized as general, under honorable conditions.  He had completed 2 years, 5 months, and 28 days of creditable active service, and 3 days of lost time.
6.  Army Regulation 615-369, then in effect, provided the policy and procedures for the administrative separation of enlisted personnel for inaptitude, unsuitability or enuresis (inability to control urination). Lack of adaptability could be caused by insufficient physical stamina; transient personality reactions; or character and behavior disorders such as schizoid paranoid, cyclothymic, inadequate and immature personalities.  The regulation could not be applied to persons who had any disqualifying mental or physical defect.

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

8.  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.
9.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides that the Board 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 contends that his DD Form 214 should be corrected to show his service is characterized as honorable due to the hardship circumstances he endured at the time of separation.

2.  The applicant has not provided any documentation or convincing argument supporting his contention that he should have been discharged with an honorable characterization of service based on family hardship.

3.  In the absence of evidence to the contrary it is presumed the applicant's discharge proceedings were conducted in accordance with law and regulations applicable at the time.

4.  In view of the above, the applicant’s request should be denied.



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)                                         AR20100027232



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027232



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1