BOARD DATE: 21 May 2013
DOCKET NUMBER: AR20120019816
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 his general, under honorable discharge from the Army National Guard (ARNG) be upgraded to honorable.
2. The applicant states:
a. He was under the supervision of Captain (CPT) DC [when he was in the Massachusetts ARNG (MAARNG)]. CPT DC, a colonel, and a lieutenant, all of whom have passed away, had a habit of drinking and playing cards while on duty. Each time he entered the office, he was invited to join the group but he always refused and stated he didn't drink. CPT DC made comments such as "you're a man now, act like one" and inappropriate remarks by the three men continued.
b. He was injured on his civilian job, had his leg bandaged, and was on crutches. He was called into CPT DC's office and asked why a picture of him showing his injured foot was in the papers. CPT DC felt the picture degraded the unit. He (the applicant) asked CPT DC if he could be excused from active duty or be put on light duty because of his injury but he was told no. He spoke to a lieutenant and a sergeant and he was advised he should not go to Camp Edwards, MA.
c. He hobbled to Camp Edwards, MA, anyway but after the first week his foot was very swollen and he was in such excruciating pain that he was unable to stay for the second week. Upon his return [home], he reported to the hospital for further medical attention. At a later date, he was called to CPT DC's office and was advised that he didn't have to attend any more drills. He was not given an explanation and detected an attitude from CPT DC. That was the last he heard from CPT DC or the MAARNG until he came across his discharge certificate in 1989.
3. The applicant provides his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the ARNG of the United States and the ARNG of MA), a newspaper article, a Soldier's Permanent Pass - Class A card, and a 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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 applicants 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 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. However, the applicant provided his NGB Form 22 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's NGB Form 22 shows he enlisted in the MAARNG on 22 June 1948 and he held military occupational specialty 3060 (Cook's Helper). He was assigned to Headquarters Company, 181st Infantry Brigade, Worcester, MA.
4. The facts and circumstances surrounding his service in the MAARNG are not known. However, his NGB Form 22 shows he was discharged from the MAARNG on 21 June 1952 by reason of expiration of term of enlistment and issued a General Discharge Certificate. He completed 4 years of net Reserve service.
5. National Guard Regulation 600-200 (Enlisted Personnel Management), chapter 6, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
The applicant's record is void of the facts and circumstances regarding his service in the MAARNG. However, he provides an NGB Form 22 that shows he was discharged from the ARNG with a general discharge. In the absence of evidence to the contrary, it is presumed what the ARNG did in his case was appropriate and his general discharge properly reflects his service in the ARNG. Notwithstanding the applicant's sincerity, there is an insufficient evidentiary basis for granting him the requested relief in this case.
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) AR20120019816
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ABCMR Record of Proceedings (cont) AR20120019816
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