BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110002928 


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 general discharge be upgraded to a fully honorable discharge. 

2.  The applicant states, in effect, that he was in basic training when his mother broke her foot and he went home to help her.  When he returned he was recycled to another basic training company and his new company commander suggested that a discharge be explored.  He goes on to state that a board was convened but he was not present for the board and a corporal who attended the board told him that the board recommended that he receive an honorable discharge.  However, he (the corporal) thought it should be a general discharge.  Unfortunately, he was young and had no one to advise him.  He believed that he was receiving a regular honorable discharge with all benefits.  However, he recently discovered that he is not entitled to all benefits. 

3.  The applicant provides a letter explaining his application, his WD AGO Form 53-58 (Enlisted Record and Report of Separation), General Discharge Certificate, Veterans Administration Certificate of Eligibility, and a book he authored.

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 members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 

3.  The applicant was born on 28 February 1929 and he enlisted in the Regular Army at Fort Knox, Kentucky on 17 June 1947.  

4.  The facts and circumstances surrounding his administrative discharge are not present in the available records.  However, his WD AGO Form 53-58 which was authenticated by the applicant shows that on 17 October 1947 he was discharged under the provisions of Army Regulation 615-369 with a general discharge, and he was still in basic training.  He completed 4 months and 1 day of active service. His WD AGO Form 53-58 also reflects that he was not eligible for reentry into the Army unless authorization was obtained from The Adjutant General in Washington, D.C.  

5.  There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge. 

6.  Army Regulation 615-369, in effect at the time, served as the authority for the discharge of enlisted personnel due to inaptness, lack of required degree of adaptability or enuresis.  It provided, in pertinent part, that continued effort and attention would be given to the screening and elimination of inapt or unsuitable enlisted personnel.  Such personnel will be indentified as soon as possible after entry into the service and brought before a board of officers convened under that regulation.  When it is determined through proper board action that an individual cannot be developed to the extent where he may be expected to absorb further military training and/or become a satisfactory Soldier, he will be discharged.  An individual discharged for inaptitude or unsuitability will be furnished a general 
discharge.  Reentry into the Army of an individual discharged for inaptitude or 


unsuitability is not authorized unless the cause of discharge is subsequently removed and reentry is authorized by The Adjutant General.    

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative discharge was accomplished in accordance with the applicable laws ad regulations in effect at the time with no violations of any of the applicant’s rights. 

2.  Given the fact that the applicant’s records were destroyed in the 1973 fire in St. Louis, it is difficult at best to determine what happened in the applicant’s case some 60+ years ago.  

3.  Accordingly, it must be presumed in the absence of evidence to the contrary the characterization of the applicant’s service was appropriate under the circumstances at the time.    

4.  Department of Veterans Affairs (VA) booklet, Federal Benefits for Veterans and Dependents, states veterans discharged from active duty under conditions other than dishonorable may be eligible for VA burial and memorial benefits.  

5.  The applicant was discharged under conditions other than dishonorable.  However, he should check with his nearest VA representative to find out exactly what his burial and memorial benefits are.

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)                                         AR20110002928



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ABCMR Record of Proceedings (cont)                                         AR20110002928



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