| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. James E. Anderholm | Member |
APPLICANT REQUESTS: That his military records be corrected to show that he was given an honorable discharge.
APPLICANT STATES: That there were no grounds for the general discharge which he received, no disciplinary actions, etc. The commendation letter of
14 May 1949 would not have been given to him if he was to receive a general discharge. He provides a copy of his general discharge certificate. He also provides a copy of a 14 May 1949 pre-printed form letter of appreciation addressed to him in the grade of Recruit on the occasion of his discharge from the Army. The letter is from the Headquarters, Philippines Command, and bears the signature and signature block of the commander, a United States Army Major General.
EVIDENCE OF RECORD: The applicant's military records cannot be found and are presumed destroyed in the 1973 fire at the National Personnel Records Archive in St. Louis. His WD AGO Form 53-58, Enlisted Record and Report of Separation, General Discharge, provided by the applicant, shows that he enlisted in the United States Army on 28 August 1946 in Manila, the Philippines. The applicant, a Philippine citizen, enlisted as a Philippine Scout. He rose to the rank of Private First Class (PFC) pay grade E-3 in the infantry. On 3 November 1948, he was reduced to the rank of Recruit (E-1). His military occupational specialty upon discharge shows that he was a Duty Soldier. He was discharged on
16 May 1949 for the Convenience of the Government Prior to the End of the Term of Service (PETS) under authority of Army Regulation 615-365. He was given a general discharge. His rank upon discharge was Recruit.
Army Regulation 615-365, in effect at the time, dated 19 July 1949, was entitled, “Enlisted Personnel, Discharge for the Convenience of the Government.” Paragraph 5 of this regulation allows discharge for the Convenience of the Government to be either honorable or general.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. It appears from the evidence on the applicant’s discharge form that he was reduced from PFC to the lowest enlisted grade, Recruit E-1, possibly as the result of a disciplinary action on or about 3 November 1948. He was discharged 6 months later as a Duty Soldier. This would be consistent with confinement for 6 months and discharge for disciplinary reasons. This evidence and interpretation suggests that the general discharge is correct. From this evidence, it appears that the applicant’s service was not fully honorable warranting an honorable discharge.
2. The letter of appreciation is addressed to the applicant in the grade of Recruit after nearly 2 years and 9 months of service. This is further evidence that the applicant’s service may not have been fully honorable warranting an honorable discharge. While the sentiments of appreciation expressed in the letter are genuine, the letter appears to be of the kind that would be issued to all members of the command being discharged and may not be specific to the circumstances of the applicant. Considering all the other evidence of record above suggesting a less than fully honorable service and considering the nature of the letter of appreciation, the letter is insufficient evidence to justify a fully honorable discharge.
3. In the absence of sufficient evidence to the contrary, an assumption of regularity must be made that the general discharge in this case is correct.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___jp___ __mm______ __ja____ DENY APPLICATION
| CASE ID | AR2000035436 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20000713 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 19490516 |
| DISCHARGE AUTHORITY | AR 615-365 . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1.110 | Discharge Documents |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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