IN THE CASE OF:  


		BOARD DATE:  6 October 2015	  

		DOCKET NUMBER:  AR20150002885 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "Minafo" instead of "Minaco."

2.  The applicant states:

* his last name is spelled incorrectly on his DD Form 214; it should be "Minafo" 
* his discharge reads general and he would like it to read honorable; sometimes young people make mistakes
* he made mistakes and regretted them; he learned from those mistakes, continued his service, and completed his tour without incidents
* following his discharge, he led an exemplary life, attended college, received a degree, and worked in various Government agencies
* he is a family man, has been married for 28 years and is considered a credit to his community
* he received multiple civilian awards and he currently has serious health issues 

3.  The applicant provides his DD Form 214 and a certificate of involvement 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's service records show he was inducted into the Army of the United States on 7 March 1961.  His DD Form 47 (Record of Induction) listed his last name as "Minafo."  

3.  His DA Form 24 (Service Record) and DA Form 20 (Enlisted Qualification Record) also listed his last name as "Minafo." 

4.  On 26 January 1962, he was convicted by a summary court-martial of one specification of failing to go at the time prescribed to his appointed place of duty and one specification of being absent without proper authority.  The court sentenced him to a reduction to private/E-1, hard labor without confinement for 20 days, and a forfeiture of $40 for one month.  

5.  On 5 March 1962, he was convicted by a special court-martial of one specification of drinking intoxicating beverages while on duty as an ammunition handler.  The court sentenced him to a reduction to private/E-1, confinement at hard labor for 3 months, and a forfeiture of $55 pay per month for 3 months.  The convening authority approved his sentence on 7 March 1962.  

6.  He was promoted to the rank of private first class/grade E-3 on 1 July 1962 with a date of rank of 13 June 1962.

7.  He was released from active duty on 29 March 1963 in the grade of E-3 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) by reason of expiration of term of service with an under honorable conditions (general) characterization of service.  His DD Form 214 shows:

* his last name as "Minaco" 
* he completed 2 years of active duty 
* he had 23 days of lost time

8.  He provides a certificate, dated 2 December 1992, that shows he was commended by the Santa Monica Police Department for detaining a thief and recovering a stolen purse for a civilian victim. 

9.  There is no indication he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.  

10.  Army Regulation 635-5 (Separation Documents) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  This regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his military service.  It is important that information entered on this form be complete and accurate.  

11.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic policy 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.  Where there have been infractions of discipline, the extent thereof should be considered, as well as the seriousness of the offense(s).

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's induction record listed his last name as "Minafo."  This last name is consistent with the last name shown on all records throughout his military service.  It appears his DD Form 214 inadvertently listed his last name as "Minaco."  Therefore, his DD Form 214 should be corrected to show the correct spelling of his last name.  

2.  An 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.  The applicant's records reveal a history of misconduct which included two courts-martial convictions and 23 days of lost time.  

3.  Based on his record of indiscipline, his service does not meet the standards of acceptable conduct and performance of duty for Army personnel.  His misconduct also renders his service less than honorable.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214 the last name "Minaco" and adding the last name "Minafo." 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to an upgrade of his discharge to fully honorable.



      _______ _   _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)                                         AR20150002885



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ABCMR Record of Proceedings (cont)                                         AR20150002885



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