BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130016735
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 her general discharge to an honorable discharge.
2. The applicant states because she had a medical condition during training for which the military failed to provide her proper care, she was unable to continue her military training and service.
3. The applicant provides copies of her DD Form 214 (Report of Separation from the Armed Forces of the United States), a Certification of Military Service, and a Certificate of Completion of basic training.
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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center (NPRC) fire of 1973. Information herein was obtained from documents provided by the applicant.
3. The applicant's service medical and dental records are not available for review and, if not destroyed in NPRC fire, may be on permanent loan to the VA.
4. The Certificate of Completion provided shows the applicant completed basic training on 20 October 1955.
5. Her DD Form 214 provides the following -
* enlistment on 15 August 1955 in the Women's Army Corps
* discharge with a General discharge on 1 November 1955
* authority for discharge as Army Regulation 635-209, paragraph 3
* 2 months and 17 days of creditable service with no lost time
* a note in the Remarks section that the applicant did not complete basic training
6. There is no evidence that the applicant ever applied to the Army Discharge Review Board for an upgrade of her discharge within its 15-year statute of limitations.
7. Army Regulation 635-209 (Personnel Separations), in effect at the time, set forth the policy and prescribed procedures for eliminating enlisted personnel for unsuitability. Action was to be taken to discharge an individual for unsuitability when, in the commander's opinion, it was clearly established that: the individual was unlikely to develop sufficiently to participate in further military training and/or become a satisfactory Soldier or the individual's psychiatric or physical condition was such as to not warrant discharge for disability. Unsuitability included inaptitude, character and behavior disorders, disorders of intelligence and transient personality disorders due to acute or special stress, apathy, defective attitude, and inability to expend effort constructively, enuresis, chronic alcoholism, and homosexuality. Evaluation by a medical officer was required and, when psychiatric indications are involved, the medical officer must be a psychiatrist, if one was available. A general or honorable discharge was considered appropriate.
8. Army Regulation 15185 (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 Army Board for Correction of Military Records (ABCMR). It states 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. The ABCMR will decide cases based on the evidence of record. It is not an investigative body.
DISCUSSION AND CONCLUSIONS:
Without access to the applicant's military records, the circumstances surrounding her discharge cannot be evaluated. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. There is no evidence of record and she did not provide any evidence to show her discharge and characterization of service were unjust or inequitable.
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.
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