IN THE CASE OF:	  

		BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130013413 


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 an upgrade of his general discharge to an honorable discharge.

2.  The applicant states:

   a.  He was an outstanding Soldier.  Prior to one minor mistake, he had an impeccable career.  The Army was his life and he enjoyed every aspect of it, especially the pride of serving.  While at Fort Bliss, TX, he and a close friend walked across a short bridge from Texas to Mexico.  He did not realize the severity of the innocent walk.  As they crossed, a military policeman (MP) approached him, called him a Soldier, and asked for his identification card.  The MP was about to explain that Soldiers are not allowed to cross and was then going to let him go, but was told by his sergeant he had to turn him in.  

   b.  It was an honest mistake on his part, except it cost him his career.  When he returned home, he joined the Merchant Marine for two years.  After that he worked for the New York Transit Authority for 14 years and retired.  It has always bothered him that he did not receive an honorable discharge.  He is a proud American citizen.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States), Certificate of Recognition, and Certificate of Appreciation.


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 complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there is sufficient documentation in a reconstructed record and those provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 26 January 1948 and he held military occupational specialty 4602 (antiaircraft artillery automatic weapons crewman).  

4.  His record is void of the facts and circumstances surrounding his discharge; however, his available record contains a WD AGO Form 1 (Morning Report), dated 22 June 1950, which listed him as a loss by reason of release from duty with a general discharge under the provisions of Army Regulation 615-369 (Unsuitability).

5.  He provided a copy of his DD Form 214 which shows he was discharged in pay grade E-1 on 22 June 1950, under the provisions of Army               Regulation 615-369, with a general discharge.  He completed 2 years, 4 months, and 27 days of net service with no time lost.

6.  Army Regulation 615-369, then in effect, provided the policy and procedures for the administrative separation of enlisted personnel for inaptitude, unsuitability (which meant a lack of the required degree of adaptability) or enuresis.  The 


regulation could not be applied to persons who had any disqualifying mental or physical defect.  An individual discharged for inaptitude or unsuitability was furnished a general discharge certificate.

7.  Army Regulation 635-200, in effect at the time, stated an honorable discharge was a separation with honor.  The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptance conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant record is void of the facts and circumstances pertaining to his discharge.  The WD AGO Form 1 and DD Form 214 show he was discharged on 22 June 1950 for unsuitability.  

2.  There is no evidence of record and he did not provide sufficient evidence showing he was unjustly discharged.  He also provided no evidence or a convincing argument to show his discharge should be upgraded and his available military records contain no evidence which would entitle him to an upgrade of his general discharge to an honorable discharge.  

3.  Without evidence to the contrary, it appears his administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize his rights.  He was properly discharged in accordance with pertinent regulations with due process.  Therefore, there is insufficient evidence for granting him the requested relief.

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)                                         AR20130013413



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ABCMR Record of Proceedings (cont)                                         AR20130013413



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