IN THE CASE OF:	  

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130021578 


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, the daughter of a deceased former service member (FSM), requests upgrade of her father's general under honorable conditions discharge to fully honorable.

2.  The applicant states her father received the Armed Forces Expeditionary Medal, the Combat Infantryman Badge, and the Parachutist Badge during his time serving in the Army.  She believes by receiving these awards her father should have been given an honorable discharge. 

3.  The applicant provides her father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 15 March 1966.

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.  On 28 January 1963, the FSM enlisted in the Regular Army for 3 years.  

3.  The FSM accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on:

* 28 May 1963 for sleeping on guard
* 6 April 1964 for failing to go at the time prescribed to his appointed place of duty
* 12 October 1964 for failing to go at the time prescribed to his appointed place of duty, and failing to sign out and leaving the Fort Bragg, NC military reservation without a valid pass
* 18 March 1965 for being absent without leave (AWOL) from 31 October to 
16 December 1964

4.  On 12 May 1965, he was deployed on temporary duty to the Dominican Republic.  He earned the Armed Forces Expeditionary Medal and he was awarded the Combat Infantryman Badge.

5.  On 27 October 1965, he was tried before a summary court-martial.  He pled guilty and was found guilty of failing to go at the time prescribed to his appointed place of duty.

	a.  His sentence consisted of 14 days of hard labor without confinement, reduction to the grade of private/pay grade E-2, and forfeiture of pay for 1 month.

	b.  On 28 October 1965, the convening authority approved only so much of the sentence that provided for reduction to the grade of private and the forfeiture of pay for 1 month.
 
6.  While assigned to the U.S. Army Special Processing Detachment, Fort George G. Meade, MD he received a conduct rating of "unsatisfactory."

7.  On 15 March 1966, he was released from active duty.  He completed 3 years and 1 day of active duty that was characterized as under honorable conditions.  He had 46 days of time lost for being AWOL.  The FSM's DD Form 214 shows he was awarded the:

* Armed Forces Expeditionary Medal
* Combat Infantryman Badge
* Parachutist Badge


8.  There is no indication that the FSM applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations.

9.  Army Regulation 635-200 (Personnel Separations), in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel.   

	a.  An honorable discharge was a separation from the Army with honor.  The issuance of an honorable discharge was conditioned upon proper military behavior and proficient and industrious performance of duty, giving due regard to the rank or grade held and the capabilities of the individual concerned.
	
	b.  An honorable discharge was furnished when the individual had conduct ratings of at least "good," had efficiency ratings of at least "fair," had not been convicted by a general court-martial, and had not been convicted more than once by a special court-martial.

	c.  Notwithstanding the foregoing criteria, during the current term of service when disqualifying entries in the individual's service record are outweighed by subsequent honest and faithful service over a greater period of time, an honorable discharge may be furnished.

	d.  The regulation also provided that an individual could, where otherwise ineligible, receive an honorable discharge if he had, during his current enlistment, period of obligated service, or any extensions thereof, received a personal decoration, or was separated as a result of a disability incurred in line of duty.

	e.  A general discharge under honorable conditions was issued to an individual whose military record was not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The FSM received a conduct rating of "unsatisfactory" while assigned to the U.S. Army Special Processing Detachment, Fort George G. Meade, MD.  Therefore, he is not eligible for an honorable discharge.

2.  His record of NJP on four occasions and one summary court-martial show his lack of respect for military authority and his unwillingness to conform to military standards.  He had 46 days of time lost.  Therefore, his record clearly displays improper military behavior.

3.  There is no record of the FSM receiving a personal decoration during his period of service.

4.  Based on the foregoing, there is an insufficient evidentiary basis to upgrade the FSM's discharge to an honorable discharge.

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)                                         AR20130021578



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ABCMR Record of Proceedings (cont)                                         AR20130021578



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