IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017318 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017318 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing his characterization of service as "general, under honorable conditions." ___________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: 27 April 2017 DOCKET NUMBER: AR20150017318 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 under other than honorable conditions discharge to an honorable discharge and a personal appearance before the Board. 2. The applicant states he was issued a General Discharge Certificate at the time of his discharge. However, his DD Form 214 (Report of Separation from Active Duty) shows he received an under other than honorable conditions discharge. He believes his DD Form 214 should be corrected to show the same character of service as his discharge certificate. 3. The applicant provides no additional evidence. 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 the cases 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. 2. The applicant's complete military records are not available to the Board for review. A staff member of the National Personnel Records Center (NPRC) initiated a search for the applicant's records and made a request to the Department of Veterans Affairs (VA) for his records. On 26 September 1996, the VA forwarded the applicant's separation document to the NPRC and a temporary folder was made. The DD Form 214 submitted by the NPRC contained sufficient evidence for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he enlisted in the Regular Army on 3 January 1975. At the time of separation, he held military occupational specialty 71C (Medical Records Specialist) and the rank/grade of private first class (PFC)/E-3 as of 8 February 1977. 4. His available record is void of the complete facts and circumstances surrounding his discharge. However, his DD Form 214 shows he was discharged on 29 March 1977, in the rank/grade of PFC/E-3. This form also shows he was credited with 2 years, 2 months, and 27 days of active service. It also shows in: * Item 9c (Authority and Reason) – no entry * Item9e (Character of Service) – Under Other Than Honorable Conditions * Item 9f (Type of Certificate Issued) – DD Form 257A (General Discharge Certificate) 5. His DD Form 257A is not in the available record and he did not provide it for review. 6. There is no indication he petitioned the Army Discharge Review Board within its 15-year statute of limitations for an upgrade of his discharge. REFERENCES: 1. Army Regulation (AR) 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. The regulation stated: a. An individual discharged under the provisions of this regulation would be furnished a DD Form 256A (Honorable Discharge Certificate), DD Form 257A (General Discharge Certificate), or DD Form 258A (Undesirable Discharge Certificate). b. The character of service would be based on in-service records and activities. In conjunction with a separation authority's decision that a Soldier would be issued a DD Form 258A, the Soldier was to be reduced to the lowest enlisted grade. c. Paragraph 3-7b – A general discharge was a separation from the Army under honorable condition. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. d. Paragraph 3-7a – An honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be inappropriate. 2. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 9c – would list the separation authority and reason for discharge * Item 9e – would list the character of service * Item 9f – would list the type of discharge certificate issued to the individual 3. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may in its discretion hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. The applicant's available record is void of the complete facts and circumstances surrounding his discharge. In the absence of evidence to the contrary, it is presumed that his separation was accomplished in compliance with applicable regulations and without procedural errors that would have jeopardized his rights. 2. His DD Form 214 shows his service was characterized as under other than honorable conditions; however, it also shows he was issued a DD Form 257A (General Discharge Certificate). The DD Form 257A was not available for review and he did not provide a copy of this form with his application. 3. The governing regulation states an individual discharged under the provisions of AR 635-200 would be furnished a DD Form 256A, a DD Form 257A, or a DD Form 258A, based on their service record and the decision by the separation authority. 4. He was discharged in pay grade E-3, he completed over 2 years of service, and he was issued a General Discharge Certificate. Thus it appears the entry in item 9e his DD Form 214 is an error, and the approved characterization of service was, in fact, general, under honorable conditions. 5. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be inappropriate. In the absence of evidence showing otherwise, it must be presumed that the applicant's service record supported the separation authority's decision to issue him a General Discharge Certificate. 6. With respect to his request for a personal appearance before the Board, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record is sufficient to render a fair and equitable decision at this time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017318 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017318 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2