PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:            22 April 1999
	DOCKET NUMBER:   AR1999016447

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright 		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Thomas A. Pagan		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his general discharge be upgraded to honorable. 

3.  The applicant states, in effect, that his general discharge was an administrative error.  He contends that at the time of his discharge he had an argument with the outprocessing sergeant about his specialty number and the sergeant was upset because he (the applicant) was correct.  He also contends that he never got into trouble while in the military or in his civilian life.  In support of his application, he submits a copy of his 201 file. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records, which show that the applicant enlisted in the Air Corps on 20 March 1946 for a period of 3 years.  He received training as an ammunition supply technician, served in the Asiatic-Pacific Theater from
5 February 1947 until 14 December 1948 and was advanced to pay grade E-3.  He was awarded the World War II Victory Medal.

5.  Records available to the Board show that the applicant received “Unknown” and “Very Sat” character and efficiency ratings on two consecutive indorsements and was reduced from private first class to private on12 January 1948.  However, his overall character and efficiency ratings were excellent and he was favorably considered for the Good Conduct Medal on 10 December 1948.     

6.  The facts and circumstances pertaining to the applicant’s discharge are not on file.  The Report of Separation, WD AGO Form 53-58, indicates that the applicant was discharged on 24 December 1948 under the provisions of Army Regulation 615-365, for the convenience of the government, and was issued a general discharge.  He had served 2 years, 9 months, and 5 days of total active service.

7.  Army Regulation 615-365, then in effect, set forth the basic authority for the separation of enlisted personnel for the convenience of the government.  Army Regulation 615-360, then in effect, set forth the general provisions governing the discharge of enlisted personnel.  Section III discussed the factors governing issuance of Honorable and General Discharge Certificates.  It provided, with certain exceptions, that an Honorable Discharge Certificate would be furnished when an individual had character ratings of at least “very good,” had efficiency ratings of at least “excellent,” had not been convicted by a general court-martial, and had not been convicted more than once by a special court-martial.  
 
CONCLUSIONS:

1.  In the absence of evidence to the contrary it is presumed he received a general discharge solely on the basis of his character and efficiency ratings.

2.  Based on the limited records available, it is noted that the applicant served overseas, completed almost 3 years creditable service and the only disciplinary action he had resulted in a reduction of one pay grade.  Under today’s standards, since he completed his service, he would have received an honorable discharge, notwithstanding the minor disciplinary action.  Accordingly, it appears his overall service record warrants upgrading of his discharge to fully honorable. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with an Honorable Discharge Certificate on 24 December 1948.

2.  That the Department of the Army issue to the individual concerned an Honorable Discharge Certificate from the Army of the United States, dated 
24 December 1948, in lieu of the general discharge of the same date now held by him.

BOARD VOTE:  

__tap ___  ___eb  __  ___inw __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR1999016447	
SUFFIX		
RECON		
DATE BOARDED	1999/04/22	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1948/12/24	
DISCHARGE AUTHORITY	AR615-365  	
DISCHARGE REASON	CONVENIENCE OF GOVERNMENT	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.000	
2.  791	A92.02	
3.		
4.		
5.		
6.