IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160003939 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: 31 October 2017 DOCKET NUMBER: AR20160003939 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 to amend the decision of the ABCMR set forth in Docket Number AR2002074092 on 29 August 2002. ______________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: 31 October 2017 DOCKET NUMBER: AR20160003939 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 reconsideration of his earlier request for an upgrade of his undesirable discharge. 2. The applicant states: * he did not commit a crime * his enlistment should have been null and void because he was too young to enlist in the first place * he received experimental drugs, while in the military and by the military, at the 82nd General Hospital in Kaiserslautern, Germany * his undesirable discharge was not explained to him and he feels it should be upgraded to honorable * he was assaulted by his sergeant and he suffered frost bite to his feet; when he was sent to the hospital, he was given experimental drugs 3. The applicant provides * VA Form 21-4138 (Statement in Support of Claim) * Letter from the Department of Veterans Affairs to a Member of Congress * National Archives and Records Administration (NARA) Form 13038 (Certification of Military Service) * Standard Certificate of Birth * Morning Reports CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002074092, on 29 August 2002. 2. The applicant provides a new argument that warrants consideration by the Board. 3. 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, his records could not be found. There is a document (NARA Form 13038) remaining in a reconstructed record that is sufficient for the Board to conduct a fair and impartial review of his case. 4. The applicant's NARA Form 13038 shows he served in the Regular Army from 20 July 1955 to 5 June 1956. He was discharged in the rank of private with an undesirable discharge. The reason and authority for his discharge are unknown. 5. The applicant provides multiple Morning Reports showing: * he was a member of Battery B, 14th Armored Field Artillery (FA) Battalion, 2nd Armored Division, Germany * in a sick call status, he was admitted to the U.S. Army Hospital in Neubrooke, Germany, on 3 March 1956 * he was transferred to Landstuhl Army Hospital on 6 March 1956 * he was released on 20 May 1956 by authority of Letter Orders 5-7, issued by Headquarters, 14th Armored FA Battalion, to surface transport (movement back to the continental United States) * he was issued an undesirable discharge on 5 June 1956 6. 29 August 2002, the ABCMR considered his applicant but found insufficient evidence to support his contentions. The ABCMR denied his request for an upgrade. 7. On 21 July 2015, the Army Review Boards Agency administratively closed his application for reconsideration without action, as he did not provide new evidence in support of his request. 8. He provides: a. Birth certificate of an individual with the same name, who was born in October 1948. b. Letter from the VA to a Member of Congress indicating that the VA was unable to identify the applicant and requested he provide his social security number, military service number, date of birth, dates of military service, etc., in order to process his VA application. c. VA Form 21-4138, dated 17 December 2015, responding to the VA regarding the information about himself. REFERENCES: 1. Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. a. 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. 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. c. An "undesirable discharge," under the version of the regulation in effect at the time of the applicant's service, was a category that included characterizations of service such as under other than honorable conditions or bad conduct. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 (Burden of proof) states 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. The ABCMR decides cases on the evidence of record, it is not an investigative body. DISCUSSION: 1. The applicant's service records are not available for review with this case. The available evidence shows the applicant entered active duty from 20 July 1955. He provides Morning Reports showing he was admitted to a hospital in Germany due to illness/sickness. It appears upon release from the hospital, his unit issued him transportation letter orders for surface (ship) movement to the continental United States. He was discharged upon his return on 5 June 1956. He was discharged in the rank of private with an undesirable discharge. The reason and authority for his discharge are unknown. 2. In the absence of his enlistment contract, it is unclear when he enlisted and whether he was given an age waiver or if his parents consented to his enlistment. While the applicant states he received experimental drugs from military medical personnel, the available records offer no evidence to support his contention. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003939 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003939 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2