RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 January 2008 DOCKET NUMBER: AR20070010335 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. Ms. Catherine C. Mitrano Director Ms. Deyon D. Battle Analyst The following members, a quorum, were present: Mr. James E. Vick Chairperson Mr. Thomas M. Ray Member Mr. Jeffrey C. Redmann 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, that his general discharge be upgraded to an honorable discharge. 2. The applicant states that prior to his release from active duty (REFRAD) he took a physical and he was told that he was not fit for military service and that he could not pass a physical for reenlistment. He states that he was placed on a permanent physical profile for hearing loss and that he could never be around gun fire or loud noise while he was in the military. He states that after he was out of the service for some time, he received a letter telling him to report to Grayling, Michigan, for 2 weeks of training with the Reserve. He states that he responded to the letter and that he informed officials about his hearing loss. He states that he received a second letter telling him not to report for training. The applicant states that he later received a general discharge and that he always believed that he was discharged due to medical reasons. He states that he was told that in order to be furnished a general discharge an individual would have to do something really wrong. He states that he served his country for over 2 years and that he came home with a stripe on his arm. He states that his conduct was good and that he did nothing to warrant a general discharge. He concludes by stating that if he was not discharged for medical reasons his discharge should be upgraded to an honorable discharge. 3. The applicant provides in support of his application a portion of his induction physical examination; a copy of his Record of Induction; and a copy of his report of Physical and Mental Status on Release from Active Service. 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 was inducted into the Army in Detroit, Michigan, on 10 November 1959 and he successfully completed his training as a combat engineer. 3. The available records show that the applicant was promoted to the pay grade of E-2 on 10 March 1960 and that he was promoted to the pay grade of E-3 on 23 December 1960. 4. On 27 March 1961 the applicant was reduced to the pay grade E-2 as a result of misconduct; however, his records are void of the specific act(s) of misconduct and the proceedings that were used to reduce him. 5. The applicant was promoted to the pay grade of E-3 on 30 June 1961. 6. The applicant's service record shows that for the period covering 20 April 1960 through 19 January 1962, his conduct ratings were fair and his efficiency ratings were excellent. 7. The applicant was convicted, pursuant to his plea, by a summary court-martial on 19 January 1962, for being absent without proper authority from his unit from 0001 hours until 0300 hours on 17 January 1962. He was sentenced to a forfeiture of pay in the amount of $25.00. 8. On 30 January 1962, the applicant underwent a physical and mental status evaluation prior to his REFRAD. He was found to be physically qualified for separation or for reenlistment without re-examination provided he reenlisted within 90 days and stated that he had not acquired new diseases or injuries during the interval period when he was not a member of the military service. 9. The applicant was REFRAD on 30 January 1962 under the provisions of Army Regulation 635-205, paragraph 7, due to the early release of an overseas returnee and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation. The Report of Transfer or Discharge (DD Form 214) that he was furnished at the time of his REFRAD shows that he was furnished a discharge under honorable conditions (general). 10. Army Regulation 635-5 is the authority for the preparation of the DD Form 214. It provides, in pertinent part, that when preparing the DD Form 214 correct entry is vital since it affects a soldiers' eligibility for post-service benefits. Characterization or description of service is determined by directives authorizing separation. For a soldier being released from custody and control of the Army due to a void or voided enlistment, enter "hyphens." Otherwise, the entry must be one of the following: Honorable; Under Honorable Conditions (General); Under Other than Honorable Conditions; Bad Conduct; Dishonorable; or Uncharacterized. 11. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides that characterization at separation will be based upon the quality of the soldier's service, including the reason for separation and guidance in paragraph 3-7 , subject to the limitations under the various reasons for separation. The quality of service will be determined according to standards of acceptable personal conduct and performance of duty for military personnel. These standards are found in the Uniform Code of Military Justice, directives and regulations issued by the Army and the time-honored customs and traditions of military service. The quality of service of a soldier on active duty is affected adversely by conduct that is of a nature to bring discredit on the Army or is prejudicial to good order and discipline. Characterization of service may be based on conduct in the civilian community. The reasons for separation, including the specific circumstances that form the basis for the separation, will be considered on the issue of characterization. As a general matter, characterization will be based upon a pattern of behavior other than an isolated incident. There are circumstances, however, in which the conduct or performance of duty reflected by a single incident provides the basis for characterization of service. Due consideration will be given to the soldier's age, length of service, grade, aptitude, physical and mental conditions, and the standards of acceptable conduct and performance of duty. The characterization of service is of great significance to the soldier and must accurately reflect the nature of service performed. Eligibility for veterans' benefits provided by law, eligibility for re-entry into service, and acceptability for employment in the civilian community may be affected by these determinations. The characterization of service will be determined solely by the military record during the current enlistment or period of service, plus any extension thereof, from which the soldier is being separated. The soldier's performance of duty and conduct must be accurately evaluated. The evaluation must be based on the overall period of service and not on any isolated actions or entries on his Personnel Qualification Record (DA Form 2-1). DISCUSSION AND CONCLUSIONS: 1. Prior to his REFRAD, the applicant underwent a physical and mental status evaluation and he was found to be qualified for separation or for reenlistment. He was not REFRAD due to medical reasons. He was REFRAD due to the early release of an overseas returnee. 2. It appears that the type of discharge directed and the reasons therefore were appropriate considering all the facts of the case. 3. The available records show that the applicant's conduct ratings for the period covering 20 April 1960 through 19 January 1962 were fair. He was reduced in pay grade from E-3 to E-2 on 27 March 1961, due to misconduct and he was convicted by a summary court-martial of being absent from his unit from 0001 to 0300 on 17 January 1962. According to the applicable regulation, the applicant's characterization of service was based upon a pattern of behavior other than an isolated incident. He was furnished a general discharge and his discharge properly reflects his overall record of service as his service was not completely honorable. 4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 5. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __JEV__ __TMR__ __JCR___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___James E. Vick __ CHAIRPERSON INDEX CASE ID AR20070010335 SUFFIX RECON DATE BOARDED 20080122 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 189 110.0000/SEPARATION DOCUMENT 2. 396 144.0135/DISCHARGED W/GENERAL DIS 3. 4. 5. 6.