IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110006089 


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 upgrade of his general discharge to an honorable discharge.

2.  The applicant states he is 67 years of age and a law-abiding citizen who has never been in any trouble.  He has never done drugs or killed anyone.  He served his time and he has paid his dues.  He is not disputing any error or injustice.  While having a general discharge has not been much of a problem with his buying a home through the Department of Veterans Affairs (VA) or with any other aspects of his life, he would like consideration for an upgrade to an honorable discharge.

3.  The applicant provides no additional documentation.

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 enlisted in the Regular Army on 18 February 1963 for a period of 3 years.  He completed his training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was subsequently assigned for duty at Fort Ord, CA.
 
3.  A review of the applicant's military personnel record shows that on:

	a.  20 June 1963, a line of duty investigation was approved with a determination that his self-inflicted injuries were not in the line of duty;

	b.  25 March 1964, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for making long distance personal telephone calls on 3, 11, and 14 December 1963 and
21 January 1964, and charging them to an official government telephone number;

	c.  25 April 1964, he was convicted by a special court-martial of:

* willfully disobeying a lawful order from a noncommissioned officer on
7 April 1964
* failing to obey a lawful general regulation on 7 April 1964
* willfully disobeying a lawful command by a commissioned officer on
9 April 1964

	d.  2 August 1965, he accepted NJP under Article 15, UCMJ, for violating a lawful general regulation on 22 July 1965 in that he wore a bathing suit without a top garment while en route to the swimming pool; and

	e.  19 January 1966, he accepted NJP under Article 15, UCMJ, for failing to properly perform first echelon maintenance on an Army truck.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that except for a period of about 2 months when his conduct and efficiency ratings were recorded as "unk" (unknown), all of his ratings were shown as "exc" (excellent).


5.  On 8 March 1966, the applicant was released from active duty (REFRAD) under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), at the expiration of his term of service (ETS).  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed 3 years of total active service.  He held the rank/grade of private (PV2)/E-2 at the time of his REFRAD with 24 days of time lost due to confinement.

6.  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.

7.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  It provided that an honorable discharge was conditioned upon proper military behavior and proficient and industrious performance of duty, giving due regard to the rank/grade held and the capabilities of the individual concerned.  An honorable discharge was to be furnished when the individual met the following qualifications:

* Had conduct ratings of at least "good"
* Had efficiency ratings of at least "fair"
* Had not been convicted by a general court-martial
* Had no more than one conviction by special court-martial

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his general discharge should be upgraded to honorable because he served his time and he paid his dues.  He further contends he is a law-abiding citizen who has never been in any trouble.

2.  The applicant's record of service was far from stellar; however, his misconduct did not exceed the established standards for issuance of an honorable discharge.

3.  The evidence of record clearly shows the applicant had completed his active duty service obligation and he was transferred to the USAR to complete the remaining portion of his service obligation.

4.  In view of the foregoing, the applicant's request should be granted.


BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding his current DD Form 214 with a character of service of under honorable conditions; and

	b.  issuing him a new DD Form 214 with an character of service of honorable.



      ____________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)                                         AR20110006089



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110006089



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1