IN THE CASE OF: BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150018645 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: 28 March 2017 DOCKET NUMBER: AR20150018645 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: 28 March 2017 DOCKET NUMBER: AR20150018645 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 general discharge. 2. The applicant states, in effect, he was told at the time of discharge he would receive an automatic upgrade of his discharge after 2 years. This still has not happened. 3. The applicant provides: * DD Form 214 (Report of Separation from Active Duty), ending 1 February 1979 * General Discharge Certificate * three letters of commendation, dated between March and October 1978 * Certificate of Training, dated 23 August 1978 * DA Form 2496-1 (Disposition Form), dated 13 July 1978, Subject: On/Off Duty Classes 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 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 (DD Form 214) for the Board to conduct a fair and impartial review of this case. 3. His DD Form 214 indicates he enlisted in the Regular Army on 7 February 1978. At the time of separation, he held military occupational specialty 15F (Honest John Rocket Crewmember). 4. His DD Form 214 also shows he served in Korea from 19 June 1978 to 31 January 1979. His last unit of assignment was A Battery, 1st Battalion, 31st Field Artillery, Korea. 5. The complete facts and circumstances surrounding his discharge are not available for review with this case. However, the DD Form 214 he provides shows: * he was discharged on 1 February 1979 * he completed 11 months and 24 days of net active creditable service and he had 1 day of lost time * Item 9c (Authority and Reason) shows only dashes, and does not provide either an authority or a reason * Item 9e (Character of Service) lists Under Honorable Conditions 6. He provides: * two letters of commendation, issued by his training unit at Fort Sill, OK, praising his performance and learning * a letter of commendation, issued by his unit in Korea, lauding him for a job well done * a certificate of training reflecting completion of 8 hours of defensive driving in Korea * Disposition Form indicating he was enrolled in college classes 7. There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. REFERENCES: 1. Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, prescribed the policies and procedures for enlisted administrative separations. The separations for which a general discharge under honorable conditions could be given included: * chapter 5 (Separation for the Convenience of the Government * chapter 6 (Separation Because of Dependency or Hardship) * chapter 7 (Minority) * chapter 10 (Discharge for the Good of the Service) * chapter 13 (Separation for Unsuitability) * chapter 14 (Separation for Misconduct) * chapter 15 (Separation for Homosexuality) 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. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant requests an upgrade of his general discharge under honorable conditions. The applicant’s record, however, is not available, and the DD Form 214 he provides is absent information regarding the reason and authority for separation. 2. The Board is not an investigative body and decides cases based on the evidence that is presented in the military record and independent evidence submitted with the application. The applicant bears the burden of proof for showing that an error or injustice occurred, and he has offered no such evidence. Barring the submission of facts to the contrary, the Board presumes administrative regularity. 3. The applicant asserts he was eligible for an upgrade of his general discharge 2 years after separation. Former Soldiers must apply for discharge upgrades, and the Board decides each case individually on its own merits. The Army has never had a policy whereby an applicant's character of service is upgraded automatically. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018645 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018645 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2