BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110018567 


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 the characterization of his service upon release from active duty on 6 August 1953 be changed from general (under honorable conditions) to honorable.

2.  The applicant states his service was honorable.  He served 1 year and 
10 months during the Korean Conflict.  He was released from active duty because of a cessation of hostilities.

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* a letter, dated 25 June 1957, from a captain in the U.S. Army Reserve (USAR)

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.  His 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 his records were lost or destroyed in that fire.  The only record available to this Board is the DD Form 214 he provided.

3.  He enlisted in the Regular Army on 1 September 1951 for a period of 2 years. He served 1 year and 2 months of foreign and/or sea service.   He is authorized the United Nations Service Medal and the Korean Service Medal with two bronze service stars.  

4.  On 6 August 1953, he was released from active duty and transferred to the USAR under the provisions of Special Regulation 615-363-5 (Release from Active Duty - Release to and Discharge from Reserve Components).  He completed 1 year, 10 months, and 13 days of net active service that was characterized as general under honorable conditions.  He had 23 days of time lost.

5.  The letter, dated 25 June 1957, he submitted was a request for the applicant to be honorably discharged to enlist in another unit.  

6.  Army Regulation 615-360 (Enlisted Personnel, Discharge, General Provisions), 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" 
* efficiency ratings of at least "excellent" 
* not been convicted by a general court-martial 
* not been convicted more than once by a special court-martial

7.  Special Regulation 615-363-5, in effect at the time, stated each male person enlisted or inducted after 19 June 1951 and while under 26 years of age who served on active duty for a period of less than 8 years would, provided he meets current qualifications for enlistment as a reservist of the Army (excessive time lost during period of active service is not disqualifying), be transferred to the Army Reserve for a period which added to his period of active duty performed since enlistment or induction would total 8 years.


8.  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.  Due to the non-availability of his military service records his eligibility for an honorable characterization of service cannot be determined.  Based on his 
23 days of time lost, he may have received a character or efficiency rating that would have disqualified him for the honorable characterization. 

2.  In the absence of evidence to the contrary, it is determined the characterization of his active service was correct.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

3.  The letter he submitted from a USAR captain was written over 4 years after he was released from active duty.  Therefore, the letter had no bearing to the characterization of his active duty service.

4.  In view of the foregoing, there is insufficient evidence to change the characterization of his active 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)                                         AR20110018567



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ABCMR Record of Proceedings (cont)                                         AR20110018567



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