RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           31 January 2006
      DOCKET NUMBER:  AR20050008143


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Terry L. Placek               |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. John G. Heck                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of Item 13a (Character of
Service) of his 15 July 1964 separation document (DD Form 214).

2.  The applicant states, in effect, he believes Item 13a should read
“UNDER HONORABLE CONDITIONS”.  He also states that he never received a
discharge certificate and he needs an explanation of the Item 32 (Remarks)
statement
“AR 640-98 complied with”, which is contained on a separation document
correction (DD Form 215) he was issued on 1 December 1964.  He also claims
he is in poor health at this time.

3.  The applicant provides the following documents in support of his
application:  DD Form 214; DD Form 215; and Doctor’s Letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 15 July 1964.  The application submitted in this case is
dated
22 May 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s records show that he enlisted in the Regular Army for
three years and entered active duty on 27 July 1961.  He was awarded and
served in military occupational specialty (MOS) 111.00 (Infantryman), and
the highest rank he attained while serving on active duty was private first
class (PFC).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in Korea from 8 March 1962 through 24 March 1963, and he served
overseas in Alaska from 15 May 1963 through 24 May 1964.  It also shows
that during his active duty tenure, he earned the Expert Qualification
Badge with Automatic Rifle Bar and Marksman Qualification Badge with Rifle
Bar.  His record further shows he was reduced from PFC to private/E-2 (PV2)
on 9 October 1962, for misconduct.
5.  On 26 June 1964, the applicant’s unit commander recommended the
applicant be barred from reenlistment and receive a general, under
honorable conditions discharge (GD).  The unit commander indicated that
after completing an emergency leave, the applicant was assigned to his
organization in order to be processed for separation.

6.  The unit commander further indicated that a review of the applicant’s
record revealed he had been relieved from attendance at the Ordnance Supply
Course based on his inability to comprehend the technical material
presented and he received an unsatisfactory rating.  He also commented that
the applicant had been reduced from PFC to PV2 for misconduct on 9 October
1962, and that in the 20 months that had passed since his reduction, none
of his commanders elected to effect his appointment back to the grade E-3.
As a result, it could only be assumed the applicant’s performance during
that period was at best marginal. This conclusion was further supported by
the explanation given for a “Fair” conduct rating the applicant received
for the period 1 July through 24 October 1963, which was that he displayed
a lackadaisical attitude, and lacked discipline and attention to orders.

7.  The applicant responded to the unit commander’s bar to reenlistment
recommendation in a 2nd Endorsement, dated 26 June 1964, in which he
indicated that he should be allowed to reenlist.  He claimed that with the
exception of one nonjudicial punishment action that resulted in his
reduction in October 1962, he received no other disciplinary action or
courts-martial.  He further indicated that during his three years of
service, he had tried to do his best, to work hard and to get the job done
well.  He further explained that his five assignments were the result of
his being assigned to positions authorized the wrong MOS.

8.  On 8 July 1964, the bar to reenlistment on the applicant was approved
by the proper authority.

9.  On 15 July 1964, the applicant was separated under the provisions of
paragraph 7, Army Regulation 635-205, by reason of early separation of
Overseas Returnee.  The DD Form 214 he was issued confirms he was released
from active duty (REFRAD) and transferred to the United States Army Reserve
(USAR).  Item 13a (Character of Service) contains the entry “General” and
Item 13b (Type of Certificate Issued) contains the entry “None”.

10.  On 20 October 1964, Fort Meade, Maryland recruiting officials
requested a waiver that would allow the applicant to reenlist.  A Waiver
Analysis Work Sheet prepared on this date contained the statement that
indicated the applicant had signed a statement confirming that he had read
and understood the allegations that formed the basis for his bar to
reenlistment in accordance with Army Regulation 640-98.

11.  On 25 November 1964, the Chief, Enlisted Eligibility Activity
requested the remark “AR 640-98 complied with” be added to Item 32
(Remarks) of the applicant’s DD Form 214.

12.  On 1 December 1964, a correction to the applicant’s DD Form 214
(DD Form 215) was issued by The Adjutant General.  This correction added
the entry “AR 640-98 complied with” to Item 32 of the applicant’s DD Form
214.

13.  On 30 June 1967, the applicant was discharged from the USAR and
received a general, under honorable conditions discharge (GD) and was
issued a DD Form 257A (General Discharge Certificate).

14.  Army Regulation 635-200 (General Provisions of Discharge and Release
of Enlisted Personnel), in effect at the time, outlined the factors
governing the issue of a General Discharge Certificate in Section III.
Paragraph 10 contained the policy regarding the issue of a GD to
substandard personnel and sub-paragraph b(2) stated in pertinent part, that
a bar to reenlistment would be issued to substandard performers and that a
certificate summarizing the basis for the bar to reenlistment would be
prepared and referred to the individual concerned who would be allowed to
prepare a statement as required by Army Regulation 640-98.

15.  Army Regulation 635-205 (Discharge and Release for Convenience of the
Government of Enlisted Personnel), in effect at the time, set forth the
conditions under which enlisted personnel could be discharged or released
for the convenience of the Government.  Paragraph 7 authorized the
separation of enlisted personnel with less than 3 months remaining to serve
upon their return to the United States from overseas (Overseas Returnees).


16.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation in effect at the time of the applicant’s release from
active duty contained the instructions for the preparation of Item 13a of
the DD Form 214 in paragraph 33.  It stated, in pertinent part, that one of
the following would be entered in capital letters for enlisted Soldiers
being REFRAD and transferred to the USAR:  “HONORABLE” or “UNDER HONORABLE
CONDITIONS”, whichever was appropriate.

17.  Army Regulation 640-98 (Filing of Adverse Matter in Individual Records
and Review of Intelligence Files Consulted Prior to Taking Personnel
Action), in effect at the time, provided, in pertinent part, that no
adverse matter would be made a part of an individual’s record without his
knowledge and an opportunity being afforded him either to make a written
statement in reply to the adverse information, communication, or report, or
to decline, in writing, to make such a statement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the entry in Item 13a (Character of
Service) of his 15 July 1964 separation document (DD Form 214) was
incorrect was carefully considered and found to have merit.

2.  In accordance with the version of the regulation in effect at the time
of the applicant’s separation, Soldiers REFRAD and transferred to the USAR,
who were separating with a GD should have had the entry “UNDER HONORABLE
CONDITIONS” entered in Item 13a of the DD Form 214 they were issued.

3.  The applicant also requested an explanation of the Item 32 DD Form 214
entry “AR 640-98 complied with” that was added to his separation document
by the DD Form 215 issued on 1 December 1964.  This entry was added to Item
32 at the request of the Chief, Enlisted Eligibility Activity to confirm
the applicant’s bar to reenlistment had been processed in accordance with
the applicable regulations in effect at the time, and that the applicant’s
rights had been protected throughout that process.

4.  The evidence of record confirms the regulatory requirements that no
adverse information be filed in an individual’s record without his first
being given the opportunity to reply in writing were met during the
applicant’s bar to reenlistment processing.  The applicant signed a
statement confirming he had read and understood the allegations that formed
the basis for the bar to reenlistment action, and he provided a statement
in his own behalf prior to approval of the bar to reenlistment by the
proper authority.  In effect, these were the regulatory requirements met
that supported the Item 32 statement in question.

BOARD VOTE:

___TLP  _  ___BPI__  __JGH___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending Item 13a of his 15 July 1964
DD Form 214 by deleting the current entry and replacing it with the entry
“UNDER HONORABLE CONDITIONS”; and by issuing him a correction to his
separation document that includes this change.




            ____Terry L. Placek______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050008143                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/01/31                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1964/07/15                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  2110 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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