IN THE CASE OF:
BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110002764
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, upgrade of his general discharge under honorable conditions to an honorable discharge.
2. The applicant states he faithfully served without any violations, but his discharge document was not accepted as valid when he tried to use it to lower his property taxes. He states he worked for the U.S. Postal Service for 27 years and never encountered any problems until his retirement. He concludes by stating he is being unjustly penalized by not receiving any privileges that he is due as a veteran.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States), WD AGO Form 100 (Separation Qualification Record), and General Discharge Certificate.
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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant's failure to timely file.
2. The applicant's complete 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 were sufficient documents for the Board to conduct a fair and impartial review of this case. The primary record available to this Board is his DD Form 214 with an effective date of separation of 16 May 1950.
3. His DD Form 214 shows he enlisted in the Regular Army for a 3-year term on 16 May 1947. He successfully completed training and was awarded military occupational specialty 070 (Draftsman).
4. On 16 May 1950, he was discharged under the provisions of Army Regulation 615-360 (Enlisted Men Discharge Release from Active Duty). His DD Form 214 confirms he completed 3 years and 1 day of net active service, including 2 years, 5 months, and 9 days of foreign service. His discharge was characterized as under honorable conditions.
5. Army Regulation 615-360, in effect at the time, provided that an honorable discharge certificate would be furnished when the individual had character ratings of at least "very good," had efficiency ratings of at least "excellent," had not been convicted by a general court-martial, and had not been convicted more than once by a special court-martial.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) 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. Although the applicant's military service records were not available, it is presumed that the Army's processing of his discharge was correct. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
2. The ABCMR begins its consideration of each case with the presumption of administrative regularity. In the absence of evidence to the contrary, it is presumed that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.
3. There is insufficient evidence to determine his character or efficiency ratings or whether he had been convicted by a general or special court-martial. Absent further clarifying documentation, there is insufficient evidence to grant relief in this case.
BOARD VOTE:
____X___ ___X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board noted that the applicant completed his full term of service, plus one day. His DD Form 214 shows a cash settlement for 60 days of leave, indicating he did not take much leave and was at his place of duty. The Board also considered the time frame of his discharge, which was during a period of racial strife in a newly-integrated Army. The applicant's ethnicity may have been a factor in the characterization of his service as general instead of fully honorable.
2. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was discharged on 16 May 1950 with a fully honorable discharge and issuing him a new DD Form 214 and discharge certificate accordingly.
___________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) AR20100015543
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110002764
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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