IN THE CASE OF: BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150015225 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150015225 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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. IN THE CASE OF: BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150015225 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 1974 general, under honorable conditions discharge to fully honorable. 2. The applicant states, in effect, he wants his discharge upgraded. 3. The applicant provides: * DD Form 214 (Report of Separation from Active Duty), ending on 22 February 1974 * DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 13 March 1969 and 3 May 1970 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 are not available for review. An exhaustive search was undertaken to locate his military records which are necessary for the processing of his application. Unfortunately, they could not be found. However, he provides sufficient documents (three separate DD Forms 214) for the Board to conduct a fair and impartial review of this case. 3. The applicant's first DD Form 214 (5 September 1967 to 13 March 1969) shows: * he was inducted into the Army of the United States and entered active duty on 5 September 1967 * at the time of his discharge (for reenlistment), he held military occupational specialty (MOS) 36K (Field Wireman) * he completed 11 months and 25 days of foreign service, presumably in Vietnam; he was advanced to specialist four (SP4)/E-4 in June 1968 * he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and 2 overseas service bars * he was honorably discharged at Fort Lewis, WA, on 13 March 1969 for immediate reenlistment, having completed 1 year, 6 months, and 9 days of active service during this period 4. The applicant's second DD Form 214 (14 March 1969 to 3 May 1970) shows: * he reenlisted on 14 March 1969 for 4 years; he continued to hold MOS 36K and continued to hold the rank/grade of SP4/E-4 * he completed 10 months of foreign service in the U.S. Army Pacific * he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Army Commendation Medal (2nd Oak Leaf Cluster), and 4 overseas service bars * he was honorably discharged on 3 May 1970 at Fort Bliss, TX, for immediate reenlistment, having completed 1 year, 1 month, and 20 days of active service this period 4. The applicant's third (contested) DD Form 214 (4 May 1970 to 22 February 1974) shows: * he reenlisted on 4 May 1970 and held MOS 31G (Communications Chief); he was reduced to private first class (PFC)/E-3 on 8 January 1974 * he had previously served in Vietnam/Indochina/Korea from 7 February 1968 to 2 February 1969 and from 12 May 1969 to 17 March 1970 * he completed a total of 3 years, 8 months, and 14 days of foreign service this period with his last overseas assignment in Hawaii * he was awarded or authorized the National Defense Service Medal, 4 overseas service bars, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Cross of Gallantry with Palm [Unit Citation], Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Army Commendation Medal (2nd Oak Leaf Cluster) * he was discharged on 22 February 1974 in Oakland, CA, having completed 3 years, 9 months, and 19 days of active service during this period : * the authority for his discharge was paragraph 13-5A(1) of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) * he was assigned Separation Program Designator (SPD) Code 28B (Unfitness) and Reentry Code 3 (ineligible to reenlist without a waiver) * his character of service was under honorable conditions (general) * he was issued a General Discharge Certificate REFERENCES: 1. AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13, in effect at the time, contained the policy and outlined the procedures for separating individuals for unfitness. It provided that individuals would be discharged by reason of unfitness when their records were characterized by one or more of the following: (a) frequent incidents of a discreditable nature with civil or military authorities, (b) sexual perversion, (c) drug addiction, (d) an established pattern of shirking, and/or (e) an established pattern showing dishonorable failure to pay just debts. This regulation prescribed that an undesirable discharge was normally issued unless the particular circumstances warranted an honorable or a general discharge. 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. 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. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant's record is void of the facts and circumstances that led to his discharge. However, his record contains a DD Form 214 that shows he was discharged on 22 February 1974 under the provisions of AR 635-200 by reason of unfitness. 2. In the absence of evidence to the contrary, it is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. He provided no information that would indicate the contrary. In the absence of evidence showing otherwise, it must also be presumed that the characterization of his service for his period of service ending on 22 February 1974 accurately reflects the decision the separation authority made after reviewing his record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015225 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015225 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2