IN THE CASE OF:	 

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140019914 


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, the wife of a former service member (FSM), requests an upgrade of her husband's undesirable discharge to an honorable discharge.

2.  The applicant states:

* her husband has turned his life around since his discharge
* the applicant and the FSM met in May 1960 and got married in May 1961
* he has remained a good husband and father to their five children and has always been a hard worker
* in the early 1970s they became Christians and he often volunteered in the church and gave his time and money to help others in need
* after enlisting in the Army, he sent $50.00 home every month for his mother to save for him, only to find out that his mother spent the money
* when he went to Germany and became homesick, he had no money to go home on leave since his mother spent the money
* that's when he began to drink and wrecked an Army truck, which led to the undesirable discharge
* he was young and had no real family life until he married
* his parents divorced when he was young and at age 14 he developed rheumatic fever, forcing him to quit school in the eighth grade and work on a farm until he was old enough to enlist in the Army
* he is ashamed of the mistakes he made that led to his undesirable discharge



3.  The applicant provides:

* self-authored statement
* Power of Attorney, dated 24 August 2013
* FSM's Certification of Military Service, dated 2 July 2014
* FSM's U.S. Army Southeastern Signal School, Camp Gordon, GA, certificate of qualification in the Lineman's Course, dated 10 February 1956
* FSM's Certificate of Baptism
* three character-reference letters

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 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 the applicant's 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.

3.  The FSM's Certification of Military Service, dated 2 July 2014, shows he enlisted in the Regular Army on 29 August 1955.

4.  Headquarters, U.S. Army Personnel Center, Fort Dix, Special Orders Number 273, dated 30 September 1958, ordered the FSM's undesirable discharge from the Army effective 2 October 1955 under the provisions of Army Regulation 635-208 (Undesirable Habits and Traits of Character).

5.  Department of Veterans Affairs (VA) Form VB3-3145 (Notice of Assignment of C-Number), dated 24 October 1958, also shows he was discharged from the Army under other than honorable conditions on 2 October 1958.  Further facts and circumstances surrounding his discharge are not available for review with this case.

6.  The applicant provided three character-reference letters which all attest to the FSM's good character, integrity, and faithful service to his church and family.

7.  Army Regulation 635-208, then in effect, set forth the basic authority for separation of enlisted personnel having undesirable habits and traits of character.  The regulation stated that recommendation for discharge because of undesirability would be made in the case of an enlisted person who:  (1) gave evidence of an antisocial or amoral trend, chronic alcoholism, criminal acts, drug addiction, pathological lying, or misconduct; (2) possessed unclean habits, including repeated venereal infections; (3) repeatedly committed petty offenses not warranting trial by courts-martial; (4) was a habitual shirker; (5) was recommended for discharge by a disposition or other board of medical officers because he possessed a psychopathic (anti-social) personality disorder or defect, or was classified as having "no disease" by the board, and his record of service revealed frequent disciplinary actions because of infractions of regulations and commission of offenses, or it was clearly evident his complaints were unfounded and were made with the intent of avoiding service; or (6) demonstrated behavior, participated in activities, or associations which tended to show that he was not reliable or trustworthy.  Action to separate an individual would be taken when, in the judgment of the commander, it was clearly established that rehabilitation was impractical or was unlikely to produce a satisfactory Soldier.  When separation for unfitness was warranted, an undesirable discharge was normally issued.

8.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, sets forth the basic authority for the separation of enlisted personnel.

	a.  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.

	b.  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.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for upgrade of her husband's undesirable discharge was carefully considered; however, there is insufficient evidence to support granting the requested relief.

2.  The FSM's post-service conduct is commendable; however, post-service conduct alone is not normally a sufficient basis for upgrading a properly-issued discharge.

3.  The facts and circumstances of his discharge are not available for review with this case.  However, Headquarters, U.S. Army Personnel Center, Fort Dix, Special Orders Number 273 confirm that the FSM was discharged by reason of undesirable habits and traits of character under the provisions of Army Regulation 635-208.

4.  In the absence of evidence to the contrary, it must be presumed that the FSM's administrative separation was accomplished in compliance with applicable regulations at the time with no procedural errors which would tend to jeopardize his rights.  It is also presumed that the separation authority appropriately directed the issuance of an undesirable discharge based on his overall record during the period under review.  Therefore, there is no basis for granting 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 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)                                         AR20140019914



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ABCMR Record of Proceedings (cont)                                         AR20140019914



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