BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110004632 


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 undesirable discharge be upgraded to a general discharge.

2.  The applicant states, in effect, that while he made some mistakes he was not alone in that regard.  He goes on to state that his performance during his 2 years in the Navy and the first year in the Army were good; however, due to inequitable treatment by his supervisors and their failure to make an effort to salvage a young Soldier’s career, he was unjustly discharged with an undesirable discharge.

3.  The applicant provides copies of:

* a two-page statement regarding his application
* a fact sheet
* a listing of duty changes
* his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* a DA Form 37 (Report of Proceedings of a Board of Officers)
* morning reports
* medical records
* separation documents from the United States Navy
* documents for completion of the Ordnance General Supply Course
* thirteen documents related to his post-service accomplishments 


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 NPRC 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 14 February 1928 and he served in the United States Navy from 7 November 1945 to 17 November 1947.

4.  He enlisted in the Regular Army in Little Rock, Arkansas in the rank of private first class (PFC) on 20 June 1948, for a period of 3 years and assignment to Europe.

5.  He completed his training and was transferred to an ordnance heavy maintenance company in Zirndorff, Germany.

6.  On 10 April 1950, he was notified that he was to appear before a board of officers to determine whether he should be discharged from the service under the provisions of Army Regulation 615-368 due to repeated misconduct and repeated incidents of contracting venereal diseases (VD).  The commander cited the applicant’s repeated disciplinary infractions, two convictions by summary courts-martial, and the fact that he was currently in confinement awaiting trial by a special court-martial as the basis for his referral.  The applicant declined to have counsel or witnesses appear in his behalf.

7.  On 11 April 1959, the Board of Officers found the applicant demonstrated evidence of traits of character which rendered his retention in the service undesirable and recommended that he be discharged for unfitness with an Undesirable Discharge Certificate.  The appropriate authority approved the findings and recommendations on 11 May 1950.

8.  Accordingly, on 7 June 1950, he was discharged under the provisions of Army Regulation 615-368 due to unfitness.  He had served 1 year, 7 months, and 27 days of active service during his current enlistment.

9.  Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness.  That regulation provided for the discharge of individuals who had demonstrated their unfitness by demonstrating evidence of habits and traits of character manifested by misconduct.  An undesirable discharge was normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.

2.  The type of discharge directed and the reasons therefore were appropriate given the information contained in the available records.

3.  The applicant’s contentions and supporting documents have been noted and appear to be without merit.  The applicant’s disciplinary record alone during such a short period of service is sufficient evidence to show that he simply chose not to conform to basic military discipline or a regimented way of life.  Accordingly, his contentions are not sufficiently mitigating when compared to his overall undistinguished record of service.

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)                                         AR20110004632



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ABCMR Record of Proceedings (cont)                                         AR20110004632



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