IN THE CASE OF:
BOARD DATE: 2 September 2014
DOCKET NUMBER: AR20140001747
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 discharge be upgraded from a general discharge (GD) to an honorable discharge (HD).
2. The applicant states at block 6 "see attached"; however, other than his DD Form 214 (Report of Separation from the Armed Forces of the United States) there are no attachments.
3. The applicant provides a copy of his DD Form 214.
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 fire of 1973. Information herein was obtained from reconstructed personnel records.
3. The applicant served in the Regular Army from 16 March 1950 through
18 April 1953 with service in Korea from 14 July 1950 through 20 June 1951.
4. The applicant was advanced to private first class (E-3) on 5 September 1950 and reduced to private (E-2) on 17 September 1951. The reason for his reduction is not of record.
5. The applicant received a Summary Court-Martial for being absent without leave (AWOL) from 8 13 December 1951.
6. Section 15 (Lost Time) of his WD AGO 24A (Service Record) shows he had lost time as follows
* 8 through 15 December 1951 5 days AWOL
* 22 December 1951 through 8 January 1952 17 days AWOL
* 8 through 16 January 1952 9 days confinement
* 15 April 1952 1 day AWOL
* 31 August 1952 1 day AWOL
7. On 18 April 1953, the applicant was discharged under Army Regulation
615-365 for the Convenience of the Government in pay grade E-2 with a GD.
8. Army Regulation 635-200 (Personnel Separations- Enlisted Personnel) currently sets forth the basic authority for the separation of enlisted personnel. It provides the following:
a. Paragraph 3-7a states that an HD is a separation with honor. The honorable characterization of service is appropriate when the quality of the Soldiers service generally has met the standards of acceptable conduct and performance of duty.
b. Paragraph 3-7b states that a GD is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an HD.
9. 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 ABCMR. In pertinent part, 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:
1. The applicant had four periods of AWOL and a period of confinement totaling 33 days of time lost. This behavior does not constitute the standards of acceptable conduct and performance of duty warranting an HD.
2. In the absence of evidence to the contrary, it appears that the type and character of his discharge is commensurate with his overall record.
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) AR20140001747
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ABCMR Record of Proceedings (cont) AR20140001747
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