BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140003546
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 that his undesirable discharge be upgraded to an honorable discharge.
2. The applicant states he was laid off from his job in 1953 while he was serving in the Massachusetts Army National Guard (MAARNG) and the only work he could get was working evenings, which caused him to miss meetings. Up until this time his attendance was 100%. He participated in three summer programs at Camp Drum, New York and he was the captains personal driver. At no time during his service was there ever an issue with his performance; however, he was discharged with an undesirable discharge within 3 weeks of completing his 3-year obligation. He is now 83 years of age and his undesirable discharge has always bothered him and it would give great peace of mind to have this changed.
3. The applicant provides a one-page letter explaining his application, a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), his enlistment contract, and his Service and Qualification 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 applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the MAARNG on 17 May 1950 for a period of
3 years. He completed his training as a mechanics helper and was assigned to a tank battalion in Boston, Massachusetts. He was advanced to the pay grade of E-3 on 5 June 1951.
4. The facts and circumstances surrounding his administrative discharge are not present in the available records. However, his NGB Form 22 shows that he was issued an Undesirable Discharge Certificate on 28 April 1953 due to continued and willful absence from military duties.
5. The available records also show that he was only awarded retirement point's credit through 16 May 1952, which were voided due to his undesirable discharge. In addition, he was reduced to pay grade E-2 on 27 April 1953.
6. The applicant applied to the MAARNG for an upgrade of his discharge and was informed on 23 April 2013 that there was no information in his records that would warrant an upgrade of his discharge.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to show otherwise, it must be presumed that the applicants administrative discharge was accomplished in accordance with the applicable regulations with no violations of any of the applicants rights.
2. He has provided no evidence to support his contentions or evidence to show that there was an error or injustice in his case.
3. Unfortunately, the applicant waited 60+ years after the fact to contest his discharge and there are no documents available to show that his discharge was not properly characterized.
4. Therefore, in the absence of such evidence, there appears to be no basis to grant his request for an upgrade of his 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.
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