IN THE CASE OF:    

		BOARD DATE:  26 February 2015	  

		DOCKET NUMBER:  AR20140011213 


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, in effect, an upgrade of his general discharge under honorable conditions to an honorable discharge.

2.  The applicant states, in a memorandum for record dated 4 June 1993:

* he was a brash young man at the time and he wanted to live off post to have more freedom to interact with his friends
* he could only live off post at the time if he was married so he requested separate rations as a married person
* he received separate rations to which he was not entitled to from February 1954 to 30 June 1954
* on 30 August 1954, he was found guilty of signing official documents with the intent to deceive and for misappropriating $155.10 in separate rations allowance
* his sentence was remitted to 6 months of confinement, but he served 150 days of his sentence
* he was released from confinement on 22 January 1955
* his induction obligation was originally completed on 9 June 1955, but obligation was extended to make up the bad time
* he was discharged on 6 August 1955 after being released 90 days early to attend school
* he tried to work the system so he could enhance his fun and he made a grave mistake that has haunted him
* his offense is classified as a misdemeanor and his sentence was served in the stockade
* he made restitution for the unauthorized separate rations, he made up the time spent in confinement, and he was subsequently promoted to the rank/grade of private first class/E-3
* he has led an exemplary life subsequent to his discharge, he built a large and successful public company, he raised and educated two fine children, and he is currently raising his 2-year old daughter

3.  The applicant provides:

* self-authored statement
* DD Form 214 (Report of Separation from the Armed Forces of the United States)

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 and medical 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.  The case is being considered using the DD Form 214 provided with the application and reconstructed records provided by NPRC which consist of general court-martial orders.

3.  The applicant was inducted into the Army of the United States on 10 June 1953 at 23 years of age.

4.  Headquarters, Sixth Army, General Orders Number 148, dated 3 September 1954, show:

	a.  he was found guilty of signing an official document in order to receive separation rations by claiming to have a wife and stealing $155.10 in government funds during the period 10 February 1954 to on or about 30 June 1954;
	b.  he was sentenced to a bad conduct discharge, forfeiture of all pay and allowances, and confinement at hard labor for 1 year.  His sentence was adjudged on 23 August 1954; and

	c.  only so much of the sentence as provided for a bad conduct discharge, forfeiture of all pay and allowances, and confinement at hard labor for 6 months was approved.  His bad conduct discharge was suspended until 1 September 1955 and remitted without further action.

5.  On 28 October 1954, the Office of the Judge Advocate General, U.S. Army Board of Review, affirmed the decision.

6.  Headquarters, Sixth Army, General Orders Number 1, dated 14 January 1955, show the unexecuted portion of the applicant's sentence to confinement at hard labor for 6 months was remitted effective 21 January 1955.

7.  On 6 August 1955, the applicant was released from active duty under the provisions of Special Regulation 615-363-5 (Released to Army Reserve) and Special Regulation 615-360-5 (Prior to End of Term of Service).  His DD Form 214 shows his character of service as general under honorable conditions.

8.  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.

9.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, governs the separation of enlisted personnel.  Paragraph 3-7a provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the Soldier'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 request for an upgrade of his general discharge was carefully considered.

2.  The applicant was court-martialed and sentenced with a punitive discharge; however, his discharge was remitted.

3.  Although the applicant contends he made a grave mistake as a young man, there is no evidence he was any less mature than other Soldiers who successfully completed their terms of military service or that his indiscipline was caused by his age.

4.  Based on the available evidence, his service does not appear to merit 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 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)                                         AR20140011213



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ABCMR Record of Proceedings (cont)                                         AR20140011213



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