IN THE CASE OF:
BOARD DATE: 27 January 2015
DOCKET NUMBER: AR20140007626
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 undesirable discharge to general under honorable conditions.
2. The applicant states:
* he was discharged because he had an outstanding debt and he was unable to pay this debt
* he does not believe that this warrants a discharge under other than honorable conditions
* this discharge is barring him from much needed benefits (presumed to mean veterans' benefits)
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 was inducted into the Army of the United States on 3 August 1959. He served as a food service helper.
3. His records contain a DA Form 1542 (Delinquent Account Report), dated 21 February 1961, showing he owed $8.09 for a telephone bill.
4. His records are void of the specific facts and circumstances surrounding his discharge action. However, his DD Form 214 shows he was discharged under other than honorable conditions for unfitness on 2 March 1961 under the provisions of Army Regulation 635-208 (Personnel Separations Discharge Unfitness) and assigned a separation program number of 28F (established pattern for showing dishonorable failure to pay just debts). He completed 1 year and 7 months of total active service.
5. There is no evidence showing the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
6. Army Regulation 635-208, in effect at the time, set forth the basic authority for separation of enlisted personnel for unfitness. Individuals would be discharged by reason of unfitness with an undesirable discharge when it had been determined that an individual's military record was characterized by discredit, including an established pattern for showing dishonorable failure to pay just debts.
7. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, sets forth the basic authority for the separation of enlisted personnel. 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 contends his undesirable discharge is barring him from much needed veterans' benefits. However, a discharge is not changed for the purpose of making an applicant eligible for veterans' benefits. Each request is individually considered based on the evidence presented.
2. His remaining contentions were carefully considered. However, in the absence of evidence to the contrary, it must be presumed that his separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it is presumed the authority and reason for his separation was commensurate with his overall record of service.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 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) AR20140007626
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ABCMR Record of Proceedings (cont) AR20140007626
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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