IN THE CASE OF:	  

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140013981 


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 general under honorable conditions discharge be upgraded to fully honorable.

2.  He states since his discharge in 1967, he has had no problems and has spent his life as a father, family man, and a retired police captain.

3.  He provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Proclamation
* Certificates of recognition and training
* Distinguished Service Award

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 enlisted in the Regular Army (RA) on 21 September 1965.

3.  On 9 February 1967, the applicant's immediate commander recommended the applicant's discharge from military service under the provisions of Army Regulation 635-206 (Personnel Separations - Discharge - Misconduct (Fraudulent Entry, Conviction by Civil Court, and Absence Without Leave or Desertion).  The commander stated:

	a.  As a result of a psychiatric consultation, the applicant revealed that prior to his enlistment in the U.S. Army he had enlisted and was discharged from the U.S. Navy under the authority of the Bureau of Naval Personnel (BUPERS) Manual, Article C-10310.  The applicant made a statement in both the initial enlistment into the Army and subsequent reenlistment that he had never been discharged from any branch of military service. 

	b.  Paragraph 10n, Army Regulation 601-210 (Qualifications and Procedures for Processing Applicants for Enlistment and Reenlistment in the RA) stated that personnel separated from their last period of active service under Article C-10310, BUPERS Manual were ineligible to enlist or reenlist and a request for a waiver of disqualification would not be initiated.

	c.  The applicant was admitted to the psychiatric clinic on 22 November 1966 and released on 11 January 1967.  The psychiatric evaluation found him emotionally unstable; his character disorder was considered to be severe and further adaption to military life was most unlikely.  The recommendation was that the applicant be considered a suitable candidate for separation and psychiatric clearance was granted for any appropriate administration action.

4.  On 22 March 1967, the applicant waived his rights and indicated he would not submit a statement in his own behalf.  He understood that he may expect to encounter substantial prejudice in civilian life in the event a general discharge under honorable conditions was issued.  

5.  On an unknown date, the separation authority approved the applicant's separation and directed the issuance of a General Discharge Certificate.  On 
14 July 1967, the applicant was discharged accordingly.


6.  The DD Form 214 he was issued at the time confirms he was discharged under the provisions of Army Regulation 635-206 with a character of service listed as under honorable conditions.  He completed 1 year, 9 months, and 
24 days of active service during this period.

7.  There is no indication he applied to the Army Discharge Review Board for a review of his discharge within that board's 15-years statute of limitations. 

8.  The applicant provided several documents that show he was trained and served as a police officer.  The documents also show he attained the rank of captain.  A certificate from the U.S. Department of Justice, Federal Bureau of Investigation, dated April 2003, recognized him for his many years of distinguished service in law enforcement and his selfless efforts to protect and serve the American public.

9.  Army Regulation 635-206, in effect at that time, set forth the authority for the separation of enlisted personnel for misconduct, including fraudulent entry.  Paragraph 13g of Army Regulation 635-206 established policy and prescribed procedures for processing fraudulent entry cases and provided for the administrative disposition of enlisted personnel for misconduct by reason of fraudulent entry into the service.  Section II pertained to incidents of fraudulent entry.  It stated that fraudulent entry was the procurement of an enlistment, induction, or period of active service through any deliberate material misrepresentation, omission, or concealment which, if known might have resulted in rejection.  Any incident that met the foregoing could be cause for discharge for fraudulent entry.  

10.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) at the time sets forth the basic policy 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 argues, in effect, that his discharge should be upgraded because since his discharge from the Army he has been a good citizen and has served the American public as a police captain.  The fact that the applicant has been a good citizen and is now a retired police captain is commendable.  However, good post-service conduct alone is not a basis for upgrading his discharge.

2.  The evidence of record shows prior to the applicant's enlistment in the RA he had enlisted into the U.S. Navy and had been discharged from the U.S. Navy under the authority of BUPERS Manual, Article C-10310, which he failed to disclose.  Accordingly, his chain of command initiated action to discharge him for fraudulent enlistment. 

3.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.  The type of discharge directed and the reasons were appropriate considering all the facts of the case.  

4.  The applicant has not shown an error or an injustice in the processing of his discharge or in the character of service he received.  In view of the foregoing evidence, he is not entitled to the 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 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)                                         AR20140013981





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ABCMR Record of Proceedings (cont)                                         AR20140013981



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