IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140005932 


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 his general discharge.

2.  The applicant states he is not sure why his discharge was not honorable and it was never explained to him. 

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* General Discharge Certificate
* Certificate of 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.  The applicant'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 DD Form 214.

3.  The applicant's DD Form 214 shows he entered active duty in Newark, NJ, on 9 February 1951.  This form also shows that at the time of separation he held military occupational specialty 3729 (Pioneer) and his most significant assignment was with Headquarters and Service Company, 682nd Engineer Battalion, 47th Infantry Division, Fort Rucker, AL. 

4.  He completed 6 months and 20 days of active service.  He was not awarded or authorized any awards or decorations.  

5.  The facts and circumstances surrounding his discharge are not available for review with this case.  However, his DD Form 214 shows he was discharged on 28 August 1951 under the provisions of paragraph 2 of Army Regulation 615-369 (Enlisted Men – Discharge – Inaptness, Lack of Required Degree of Adaptability, or Enuresis).  He was furnished a General Discharge Certificate.  

6.  There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

7.   He provides a certificate confirming his attendance at the 4-week Crane and Shovel Course on 13 July 1951. 

8.  Army Regulation 615-369, in effect at the time, provided for the discharge of personnel found to be inapt, did not possess the required degree of adaptability for the military service, or were disqualified for service because of enuresis.  This regulation provides, in pertinent part, that when a Board of Officers has recommended that an enlisted man be discharged and the conduct of that enlisted man during his current period of service has been such as would render his retention in the service undesirable regardless of his inaptness, lack of required adaptability for military service, or enuresis, he will be discharged under the provisions of Army Regulation 615-368 (Enlisted Men – Discharge – Unfitness (Undesirable Habits or Traits of Character)).



9.  Army Regulation 635-200 (Personnel Separation), currently in effect, governs the policies and procedures for the separation of enlisted personnel.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant'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 DD Form 214 which shows he was issued a general discharged on 28 August 1951.  This document listed the authority for his separation as Army Regulation 615-369.

2.  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 have jeopardized 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.

3.  Based on the available evidence his service does not appear to have met 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.

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)                                         AR20140005932



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ABCMR Record of Proceedings (cont)                                         AR20140005932



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