BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000136 


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 former service member (FSM), requests, in effect, that the FSM's general discharge be upgraded to honorable.

2.  The applicant states the FSM is now 91 years old and recently became unable to live alone or take care of himself.  He is currently in a rehabilitation facility in the state of Maryland and the family is seeking a long-term care facility.  They have applied with the Charlotte Hall Veterans Home in Charlotte Hall, MD; but, because the FSM was issued a General Discharge Certificate that does not reflect under honorable conditions, they will not accept his application.

3.  The applicant provides:

* Power of Attorney
* WD AGO Form 53-58
* extract from the Army Medical Department website
* National Guard Honorable Discharge Certificate 
* Enlisted Record

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 FSM'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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  This case is being considered using a reconstructed record, which primarily consists of his WD AGO Form 53-58.

3.  The WD AGO Form 53-58 was issued to Soldiers who were discharged under honorable conditions.  The FSM's WD AGO Form 53-58 shows he enlisted in the Regular Army on 27 August 1948 and entered active duty in Washington, DC on the same day.  This form further shows:

	a.  Item 3 (grade) he was a recruit at the time of his separation.

	b.  Item 33 (Decorations and Citations) he did not receive any awards or decorations during his period of military service.

	c.  Item 40 (Reason and Authority for Separation) he was discharged on      15 April 1949 under the provisions of paragraph 1 of Army Regulation 615-369 (Enlisted Men – Discharge – Inaptness, Lack of Required Degree of Adaptability, or Enuresis).  

	d.  Item 55 (Remarks) he had 18 days of lost time as of his date of separation.

4.  The applicant provides the FSM's Honorable Discharge Certificate from the National Guard and his Enlisted Record which shows his character was rated as "satisfactory." 

5.  Army Regulation 615-369, in effect at the time, provided for the discharge of personnel who were found to be inapt, did not possess the required degree of adaptability for military service, or who were disqualified for service because of enuresis.  

6.  Army Regulation 635-200 (Personnel Separation), currently in effect, governs the policies and procedures for the separation of enlisted personnel.  It states in;
	a.  Paragraph 3-7a 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.

	b.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the FSM's general discharge be upgraded.

2.  The FSM's available record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army.  However, his record contains a copy of his WD AGO Form 53-58 that shows he was discharged on 15 April 1949 with a general discharge.  This document listed the authority for his separation as Army Regulation 615-369.

3.  In the absence of evidence to the contrary, it must be presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time and there is no indication of procedural errors that would tend to jeopardize his rights.  Additionally, it must also be presumed that the character of the discharge is commensurate with the applicant's overall record of military service.

4.  Based on the available records, his service does not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, there is insufficient evidence to upgrade his discharge to an honorable discharge.

5.  A general discharge, by definition, is a discharge under honorable conditions which does not qualify for an honorable discharge.  Therefore, no error exists on his separation document.  However, for the purpose of clarity it would be appropriate in this case to make the following entry in item 55 (Remarks) of his WD AGO Form 53-58: "This General Discharge is issued under Honorable Conditions."



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ___X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 55 (Remarks) of his WD AGO Form 53-58 the entry:  "This General Discharge is issued under Honorable Conditions."

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to upgrading the FSM’s discharge to honorable.  



      _______ _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)                                         AR20140000136





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ABCMR Record of Proceedings (cont)                                         AR20140000136



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